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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My daughter owes me a lot of money and I am having trouble

Customer Question

My daughter owes me a lot of money and I am having trouble getting her to pay me back. What options do I have to recover my money. Most has been borrowed on my credit card which I am having to make the payments on. As a pensioner I am starting to struggle financially.

She also has a car which is in my name and direct debits are taken from my bank. I am worried that she might not continue transferring money for the car to my bank.

Thank you

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am happy to help you today. Please could you tell me how much she owes you?
Customer: replied 2 years ago.

I am ashamed to say the total is £15,380 excluding the car which is on finance.

Expert:  Alice H replied 2 years ago.
I am sorry to hear this. The best way forward for you is to instruct a solicitor to write to your daughter setting out exactly how much she owes and why. You will need to give the solicitor a full history of the transactions and copies of all documents that you have. The solicitor will write to your daughter seeking proposals for repayment within a reasonable period of time usually within a couple of weeks. If no proposal is forthcoming you will have to sue your daughter in the County Court for the full sum including all interest etc. if you are successful in obtaining judgment against her you can then enforce it by applying to deduct money from her wages, bank account, by sending in the bailiffs or putting a charge against her house. I appreciate that you may not want to get involved in litigation with your daughter but she seems to be taking advantage of your kind nature and you need to take steps to recover the money and clear this huge debt.
Customer: replied 2 years ago.

Hello Alice,

Can I collect goods that aren't paid for and sell them or do I need a court order?

Also can I collect the car and return it to the finance company.

I am really confused as to what I can do.

Thank You

Fred Burgess

Expert:  Alice H replied 2 years ago.
Is the car in your name? Where is the other property that you speak of?
Expert:  Alice H replied 2 years ago.
Is the car registered to you? Is the entire finance agreement also in your name?
Customer: replied 2 years ago.

The car is registered in my daughter's name, as required by insurance.

The entire finance agreement is in my name and my address.

Expert:  Alice H replied 2 years ago.
I notice that you left a "poor service" rating even though we have not finished out conversation. I am happy to discuss further but kindly review the rating.
Alice H and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have reviewed and rated you as a good service as you can see.

Expert:  Alice H replied 2 years ago.
Usually with a finance agreement an early repayment charge becomes payable if you terminate the agreement early.
You will have to look at the finance agreement to see what your rights are.
Normally you have to repay at least half before you can return the car and exit the agreement.
You might decide that cancelling the agreement and returning the car and paying a penalty is better than more monthly repayments.
But before you cancel the agreement you need to look at the part which says " Termination - Your Rights" to work out the best way forward.
I would be happy to look at the agreement for you but you will have to scan and email it to me.
By the way, one tactic I think it get your daughter to think about her position, is if you tell her that you are cancelling the agreement and returning the car: she may agree to make the repayments herself or at least make an offer to pay something.
Customer: replied 2 years ago.

one last question.

Can my daughter drive the car if I say she doesn't have my permission?

Thanks

Expert:  Alice H replied 2 years ago.
That's fine - I am happy to discuss this until you have all the answers you need.
Although your daughter is the registered 'keeper' - you are still the owner.
As a matter of law you hold ownership over that car and have the right to tell your daughter she cannot drive it and/or take the car back.
After all she is only really using it with your agreement. As soon as you say you are withdrawing permission then strictly speaking she is breaking the law by using it without the owners consent - whcih in itself is a criminal offence.
I think you have plenty of leverage here and can use this situation to your advantage.
Customer: replied 2 years ago.

Do I have any rights over the goods which are in my daughters house . Most of these were bought using an online catalogue which is again in my name.

These are household goods and have been on 12 months interest free. No payments have been made by my daughter and the interest will soon be added. I will have to pay for these goods.

Can I have them collected and sold?

I know that I won't get the full value if sold but the debt will be reduced a little.

Expert:  Alice H replied 2 years ago.
Even though she has the items you will not be able to enter her house without her permlission.
If you do so you risk her calling the police and the possibility of arrest.
She either has to given the items to you voluntarily or you will have to apply for a court order.