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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A son in law who is a solicitor owes me £60K which was lent

Resolved Question:

A son in law who is a solicitor owes me £60K which was lent to him in 2009. He signed as to having received the loan and stated that he would repay within 5 years. Since that time, the marriage has soured and he has waved 2 fingers at me re the loan. Despite written requests he has ignored any response and will not speak with me. I know he has assets having recently sold his London appartment.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can assist with this.

tdlawyer :

Does your son-in-law dispute the fact that the money is owed to you? And if he does, on what basis?

Customer:

He will not talk with me so I do not know the answer. However, he has signed to the loan and I can show bank statements showing monthly interest payments from his account for up to 18 months hence when they stopped without warning. I know he also has a history of debt problems which his firm A & O recovered from him stemming from an overseas post in Saudi.

tdlawyer :

Okay. A good way to identify whether there is a dispute, would be to serve a statutory demand upon him. This is a formal document, under the insolvency act 1986, which he fails to respond to it in 18 days, you'll be deemed to be insolvent and you'd be entitled to present a bankruptcy petition.

tdlawyer :

So this is not a formal court process at this stage, and it gives him a chance to respond and reach agreement with you.

tdlawyer :

If it is not, then you can either commence court proceedings to recover the money due to you, or go down the bankruptcy route. Obviously, as a solicitor, he is unlikely to want to be made bankrupt. This would have professional consequences for him.

tdlawyer :

There is no cost either to you in preparing the statutory demand. There are no court fees. It does, however, have to be served personally upon him by handing it to him. You can do that, or you can instruct a third party to do it for you.

Customer:

Would there be any mileage in writing to A & O, or would they say this is a personal issue?

tdlawyer :

You can get more information on the statutory demand process here: http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

Customer:

Thanks for your help.

tdlawyer :

You could speak with a A&O, but usually, the better approach would be to leave this entirely personal between you two at this stage. Bringing the employer in may not help in getting a quick resolution.

tdlawyer :

You're welcome. Is there anything more you would like to ask me?

tdlawyer :

If this answers your question, please do remember to rate the answer for me to end the chat.

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