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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my daughter has taken a loan out for her boyfriend and given

Resolved Question:

my daughter has taken a loan out for her boyfriend and given it all to her boyfriend in cash which he has brought a car, there appears to be no tracable record of the handover of the cash as it was in a car near the bank. the boyfriend has promised to pay the money back over five years, which i doubt as he has no legal job. they do not live together and my daughter does not live at home but has borrowed the money saying she is living from this (private)address as she lives in social housing and is on benefits.
they both have been in trouble before with the authorities so they are well docummented for their public rows etc.
i have asked for the reg document to be signed over in her or my name for security which he could still sell the car at any time to cover the full loan of 11K or just sell the car which he will do neither. She was able to get the loan as she was in employment but had to quit her job due to being diagnosed with bipolar, I know leagally this is going to be her responsibilty am I able to take him to court to try and prove that he forced her to take the loan out? He has done this before but at a lesser amount and did not pay.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is there any proof of the cash payments made please?

Customer:

the boyfriend pays with sporrodic payments of cash to my daughter which i presume she would use as her shopping etc and let her benefits pay off the loan from her bank account

Customer:

bit of a update she gets £114.00 every two weeks in benefits paid into her bank account the loan is £220 per month and the cash she gets from him although sporrodic has to be paid in to her bank account as there is not enough to cover the outgoings. the repaymnets have only started from Sept/Oct as there was a three month no repayment time from taking the loan in June

Alex Watts :

You need to write and set out your losses and request a refund 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 refund 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.



Can I clarify anything for you about this today please?

Customer:

are you saying I am able to do this on behalf of my daughter, or does she have to do it, then I will be back to square one?

Alex Watts :

You can do it on her behalf.

Alex Watts :

Does that help?

Customer:

yes it does thank you

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

last question do you think it will be successfull to get my daughters money back from a chap who has nothing or will he just be forced to go bankrupt?

Alex Watts :

Yes I think so.

Alex Watts :

He can go bankrupt you can;t stop that - but it is expensive process to go bankrupt.

Alex Watts :

Does that help?

Customer:

yes thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

 


how difficult is it to get a injunction to prevent Myles (the boyfriend from walking onto my property as he intimidates the residents of the house that I own. i believe its a N16a ?

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