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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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In December 2013 I broke up with my ex partner. Prior to the

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In December 2013 I broke up with my ex partner. Prior to the breakup we had been living together in her home. I was not on the mortgage but paid half of all costs. In April 2013 I invested £14,000 into her home for an extension . She invested £15,000 , but the total build cost was about £35,000 and I covered this by transferring the debt to my credit card. Following our separation she agreed in writing and by e-mail to pay me £14,657 upon completion of the sale of her house. Although this sum was less than I was owed, I reluctantly agreed to this figure as I felt it better to get some money back as I wanted to move on with my life and was mindful that as a solicitor she would attempt to tie me up in legal argument for years. The house completed in December 14 . She has paid me £12,000 is refusing to honour the terms of the agreement that she instigated and is insisting that I employ a solicitor to correspond with her. I friend has suggested using a statutory demand . I would welcome any advice you could give me. Thanks , regards Jonathan.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
1. A statutory demand is a cheap and effective way of putting pressure on a debtor to pay. It will really only work if the debt is not disputed. Your agreement is for an outstanding £2,657. https://www.gov.uk/statutory-demands/overview - if you issue a stat demand for what you are owed, she will then have 21 days to pay at which point you can then use the stat demand as evidence that she is unable to pay her debts and can petition for her bankruptcy. The threat of bankruptcy will put great pressure on a debtor to pay. The problem with a stat demand is they can be easily set aside if the debt is disputed. Rightfully or wrongly she probably would have grounds to dispute the debt on the basis of a lack of evidence.
2. You start a money claim against her https://www.moneyclaim.gov.uk/web/mcol/welcome
If you obtain a Judgment against her you will have various options to enforce against her including bailiffs or a charging order. The only issue is you would need to provide evidence of the outstanding debt - the evidence you have is in an email. You could also claim interest from the date of Judgment until the debt is repaid.
Would you like to discuss any of these options?
Kind regards
AJ
Customer: replied 2 years ago.
Hi AJ thanks for your response. I am a little confused as to your comment re lack of evidence. Not only do I have an e-mail from her confirming that she would pay me the agreed sum of £14657,00 upon completion of her house sale , but I also have it in writing signed and dated by her. What possible grounds could she introduce to dispute this ?
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am just assuming she will try and dispute because she has not paid it back. If she is going to try anything she may try and say it is unenforceable or it was not intended to be repaid.
I suspect however that the threat of court proceedings may encourage her to pay up.
Kind regards
AJ
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