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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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, Our family had the misfortune of having a cowboy builder.

Resolved Question:

Hi, Our family had the misfortune of having a cowboy builder. We overpaid him and on top of that had to do thousands of pounds worth of remedial work. When we eventually fired him it was on the understanding that he would repay the money we had overpaid to him, this was October 2014. After many excuses, We have finally received a letter of intent to repay us form a property he is re-mortgaging. My question is simply whether the below letter is copasetic?
REPAYMENT AGREEMENT FOR INCOMPLETE WORKS.
THIS AGREEMENT dated this 16th March 2015
BETWEEN:
Dave Jordan B Bodnant Court
OF THE FIRST PART
AND
Neal Reid, Willow Barn, High Street, Greenfield, Beds,
OF THE SECOND PART
IN CONSIDERATION OF Mr lordan Neal Reid agrees to keep, perform and fulfil the promises and
conditions set out in this Agreement:
Amount
l. The amount due f32,000 to be paid at such address as may be provided in writing'
2. Payment
This Loan will be repaid in fult upon completion of re mortgage of willow barn.
Default
3. Notwithstanding anything to the contrary in this Agreement, if the Borrower defaults in the
p"rfo.*uni" of ariy obligatlon under this Agreement, then the Lender may declare the principal
amount owing under thil Agreement at that time to be immediately due and payable'
Governing Law
4. This n{reement will be construed in accordance with and governed by the laws of Country of
England.
Costs
5. All costs, expenses and expenditures including, without limitation, the complete legal costs incurred
by enforcing this Agreement as a result of any difault by the Borrower, will be added to the prtncipal
then outstanding and will immediately be paid by the Borrower'
Binding Effect
6. ThiJngreement will pass to the benefit of and be binding upon the respective heirs, executors,
administrators, successors and permitted assigns of the Borrower and Lender. The Borrower waives
presentment for payment, notice of non-payment, protest, and notice of protest,
Amendments
7. This Agreement may only be amended or modified by a written instrument executed by both the
Borrower and the Lender.
Severability
B. The clauses and paragraphs contained in this Agreement are intended to be read and construed
independently of each o[her. If any term, covenant, condition or provision of this Agreement is held
by a court of competent;urisdiction to be invalid, void or unenforceable, it is the parties' intent that
such provision be'reduced in scope by the court only to the extent deemed necessary by that court to
render the provision reasonable and enforceable and the remainder of the provisions of this
Agreement will in no way be affected, impaired or invalidated as a result.
General Provisions
9. Headings are inserted for the convenience of the parties only and are not to be considered when
interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words
in the masculine mean and include the feminine and vice versa.
Entire Agreement
10. This Agreement constitutes the entire agreement between the parties and there are no further
items or provisions, either oral or otherwise.
IN WITNESS WHEREOF, the parties have duly affixed their signatures on this 16th July, 2014
SIGNED, SEALED AND DELIVERED before me, 16th March, 2015
SIGNED, SEALED AND DELIVERED before me, 16th March, 2015
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm not sure what you mean by copasetic?
Customer: replied 1 year ago.

Sorry, Just want to know if the letter is in order, as it should be, as I'm concerned that:



  1. It's not on any letterhead and has just been emailed to us

  2. In my mind the terms aren't very clear as to who is lending who money

Expert:  Jo C. replied 1 year ago.
Well, it isn't a legal document.
It just a promise to pay. It is evidence of an intention to pay and you could rely on it but no more than that.
However, you do need him to confirm who is agreeing to pay and to whom and why. These people need to be named.
You also need a clear date upon which payment can be expected. Otherwise it would just be open ended.
Even if there no letter at all though you would still have a breach of contract claim against him but it is best to firm it up where possible.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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