Hello my name is ***** ***** I will help you with this.
When was the transfer and does she accept she owes the debt?
The transfer from the estate was only 10 days ago and she accepts that I am due half but wont disclose the amount. With the previous loan her view is that I can afford for it not to be repaid.
Ok - as long as you have happy to go to Court it wont be a problem
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. If you claim over £10,000 and its set down for trial you will need representation because of Court rules and procedure
Can I clarify anything for you about this today please?
Thank you can I ask the probate solicitor to advise me as to the size of the cheque sent to my sister? Should I pursue the sum as a total ie the will 50% plus the £12k or deal with them separately?
You can ask, but they wont necessarily tell you - it may be a breach of Data Protection
I would deal with the £12k separately.
Ok, thank you for your help.
Can I clarify anything for you about this at all?
Alex, your advice is clear and much appreciated.
Thank you. Can I help with anything else today?
No thank you. I will mark as excellent. Have a good day.
Good luck with this. If this does answer the question might I invite you to rate my answer before you go, the button should be at the bottom of the screen
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