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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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In 2007 my then Wife's daughter and her Partner ran into financia

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In 2007 my then Wife’s daughter and her Partner ran into financial problems during a building extension project. The builder had left site leaving their house without a roof and rain coming in.
I had been left money from my late Mother’s estate and I agreed to loan them money, without interest or strings, to complete the work.
The money was transferred from my account to her partners account, the days and amounts are in the list below.
04/01/2007 £10,000.00
24/01/2007 £10,000.00
23/02/2007 £5,000.00
05/03/2007 £10,000.00
19/03/2007 £10,000.00
30/03/2007 £5,000.00
18/06/2007 £5,000.00
19/11/2007 £5,000.00
31/03/2008 £2,000.00
28/05/2008 £2,500.00
In addition to the above bank transfers there was a further £800 loaned in cash directly to Mr Turner at a later date when his self-employed work was slow.
The grand total is £65,300.
At the end of 2009 I separated from my Wife and in January 2010 I started divorce proceedings, which cost nearly £30K in fees.
At around the same time my Wife’s daughter separated from her partner.
During my divorce proceedings my Wife “gifted” £15,000 to her children, saying I had agreed to this, this is not true.
She further said that we had agreed to “gift” the above money, this is also untrue.
The loan has always been referred to as such by my Step-Daughter and her Partner and is mentioned in many emails between them and also between their various legal teams. I have copies of these emails.
I was happy for the loan to remain in their jointly owned home until it was either repaid or the house was sold enabling the loan to be repaid.
Fearing that my ex-wife would attempt to prevent me from recouping this loan I sought, and got, assurance from the partner that nothing regarding the house would take place without my being consulted/informed.
However, in July 2014 I was informed by the partner that their house had been sold some 10 month earlier without either of them informing me.
I consider that they have failed to honour our informal agreement and stated the same in an email to them both dated 31st July.
The partner replied to my email and there was a further exchange of emails.
My ex step daughter did not reply to this email and appears to have broken off contact with me.
My questions are as follows:
1. Given the evidence I have, do you think this would be sufficient to obtain a CCJ (Assuming a CCJ to be the correct legal avenue to pursue)?
2. If I proceed with, and get, a CCJ could I get a charge placed on their two respective properties?
3. Assuming 1 and 2 to be correct how long could the “charge” on the properties be valid for?
4. If not indefinite, could it be renewed?
5. If I were to die before repayment, could the debt/charge be passed to the recipients of my estate?
I hope you can help as I simply can not afford the £576 being asked for answers to the above questions by my divorce solicitors, on just a speculative basis.
Many thanks
John
Submitted: 2 years ago.
Category: Law
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Customer: replied 2 years ago.

Thanks Nicola.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Who's bank account did you pay the loan monies into?
In relation to your specific questions:
1. Given the evidence I have, do you think this would be sufficient to obtain a CCJ (Assuming a CCJ to be the correct legal avenue to pursue)?
- If you can prove by email that this was always intended to be a loan then you can make claim. Whether that claim is succesful will depend of the evidence. The only concern is the age of the claim - you need to prove some how that a demand for these monies was made at some point in the last six years and acknowledged by the debtors.
2. If I proceed with, and get, a CCJ could I get a charge placed on their two respective properties?
- If the money was paid to them jointly then yes a charging is the best to secure your debt - with a Judgment this is relatively straight forward - but whether you actually get anything from it depends on if they have a mortgagor and if there is any equity in the property;
3. Assuming 1 and 2 to be correct how long could the “charge” on the properties be valid for? - A charging order will be indefinite;
4. If not indefinite, could it be renewed? - N/A
5. If I were to die before repayment, could the debt/charge be passed to the recipients of my estate? - Yes the debt would be an asset of your estate - however when you have a charging order you can apply for an order forcing the sale of the property.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex,

Many thanks for your reply, it is what I had hoped for and sort of expected.

Regarding your question, it stated in my question "The money was transferred from my account to her partners account" this was his account alone, not a joint one. Does this make a difference as to who I should "go after"?

Regarding whether I requested repayment within the 6 year period, I only considered it time to repay at the point when their jointly owned house was sold, 11 months ago, but I do have various emails between them stating the money to be a loan.

Do you think I have missed the boat by not formally asking for it to be repaid within the 6 years period, even though I had agreed not to request it until the house was sold, when does the 6 year clock start? (When I loaned the money or when I had agreed was the time it should be repaid i.e. the point the house was sold?)

Very many thanks Alex.

Kind regards

John

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Did you have anything in writing (an email) that stated the repayment date was the date the house was sold?
If it is acknowledged that both are the debtors, then I would go after both of them.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex,

Sadly no, I did however request, and got, a formal statement from the partner detailing the amounts of the loan, also stating it as a loan in 2011, within the window.

Many thanks again Alex, you will get a gold star from me!

Kind regards

John

Expert:  Alex J. replied 2 years ago.
Hi,
No problem.
The only thing you have to be wary of is that they may try and say you are statute barred form bringing the claim under the Limitation Act 1980. To refute you have two facts:
1. It was always intended that the loan was to be repaid on the sale of the house. So in fact your claim period (6 years) starts from the sale of the house;
2. The formal statement could be deemed as a demand for the money.
I would just be aware that they may try and claim this so be prepared to try and rebut it.
Any feedback is gratefully received.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks again Alex.

Very much appreciated.

Kind regards

John

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