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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am owed a 38 year old debt which was the subject to a high

Resolved Question:

I am owed a 38 year old debt which was the subject to a high court judgement and then a charging order against a property. The debtor has died. His estate want the charge removed and are insisting that they will not pay the debt until the charge as been removed. As I was not happy about that their solicitor suggested they could hold the funds until the charge had been removed, or I could instruct my solicitor to hold these funds. I have been trying to get this debt paid years without success and will not trust anybody over it. I can see no reason why the estate will not withdraw these funds even from my solicitor at the last moment, with my having already signed the release of the charging order, when I would then be left without any security to recover this debt. What are the legalities in this case?
The debt represents money my ex husband was ordered to pay when I divorced him
Josephine Hadley
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know why you won't let the solicitor hold the funds?
Customer:

What is to stop the estate getting a solicitor to hold the funds and then at the last minute (after I have signed the charge release paper) telling the solicitor that they have changed their minds and asking return of their funds. I am presuming that until the money is in my bank account and whoever holds it, it legally still belongs to the estate and they can withdraw it. That is what I am worried will happen

Alex Watts : Get the solicitor to give an undertsking, this is legally binding.
Alex Watts : If their solciitor gives your solicitor an undertaking then it's enforceable.
Alex Watts : Therefore if you do this and they agree, your money is secure.
Alex Watts : I would recommend that you do this.
Alex Watts : Get your solicitor to secure an undertaking from their solicitor.
Alex Watts : It can't be changed.
Alex Watts : Can I clarify anything about this today please?
Customer:

Thank you very much

Customer:

I was just concerned that my money would not be one hundred per cent safe, and that they might have found some legal loophole and could withdraw funds at the last moment

Alex Watts : No, sadly. I hope this helps you.
Alex Watts : If I have answered the question can I ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
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