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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I lent someone money as a deposit for a property in 2008. There

Customer Question

I lent someone money as a deposit for a property in 2008. There was no legal loan agreement signed but I have a letter from his solicitor stating that I should be able to get a judgement to apply for charging order against the asset. I have been to a solicitor who now says the next course of action is to get a barrister involved. Obviously this would be a costly practice. Is there any way I could apply to the court myself. If so what would I need to do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What date is 2008 please?
Customer: replied 3 years ago.

Sorry, the loan I made was in Feb 2007. The letter from the solicitor that I mentioned was dated March 2008

Expert:  Jo C. replied 3 years ago.
Has he acknowledged the debt since?
Customer: replied 3 years ago.

I have sent emails to him, one on 4th July 2012 asking for his intentions on repayment. He replied by email on 12th July 2012 stating he would 'look into it'


I sent another email on 16th April 2013 once again asking for repayment and did not receive a reply to this.

Expert:  Jo C. replied 3 years ago.
That is a problem I'm afraid.

I don't know when you say the solicitor? Obviously he has had full vision of this case and I have not. However, you seem to be time barred under the Limitation Act. You had 6 years from the date of last acknowledgement to sue. Last acknowledgement appears to have been in march 2008 which was more than 6 years ago.

I suppose you could try to argue that the 12 July 2012 response amounts to acknowledgment but I'm not sure saying that a person would look at something really acknowledges a debt.

On your primary point above though, you can always self represent. You can issue here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

How would I approach the court and what would I need to do?


Why do you think my solicitor didn't tell me there was a 6 year deadline for claims, she only told me that solicitors only have an obligation to save files for 6 years.

Expert:  Jo C. replied 3 years ago.
1 You can issue online.

2 I wouldn't know about that. I don't know whether there have been other acknowledements?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I have just remembered that he gave me a cheque in August 2009 and also September 2009 for payment of interest on the building society loan (mortgage raised on my property). Would this count as acknowledgement of loan?


 

Expert:  Jo C. replied 3 years ago.
Yes, any payment or purported payment would be an acknowledgement.

That is probably why the solicitor didn't mention it.
Customer: replied 3 years ago.

Thank you Jo C, I will proceed with trying to obtain a county court judgement.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

Thank you for your interest. I have applied to Lincoln County Court and proceeded through Moneyclaim. The papers have been issued and I think today will be classed as the last day they would be served. I suppose now it is just a waiting game to see what happens next

Expert:  Jo C. replied 3 years ago.
Yes, thats right.

Best of luck with it.