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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I had a verbal agreement with our son when we paid

Resolved Question:

My wife and I had a verbal agreement with our son when we paid off what remained of his mortgage which we had taken out on his behalf. This he had repaid monthly for a couple of years. On selling his property he informed us due to his debts he couldn't repay the £30,000 remaining sum. So we agreed to accept a monthly payment of £380 for 79 months, he then made 5 subsequent payments of £380 and the payments stopped. I had used my pension pot to clear his mortgage to which he hasn't made a payment now for 17months. Do I have any chance of getting any money back? We aren't able to contact him as he has dis-owned us and lives somewhere in Newport Wales. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Yes, but you do have any idea of his address? Does he own any assets?
Customer: replied 1 year ago.
He sold his house and is renting a property somewhere in Wales we believe. He owns his own company, but this is registered on his old address and no phone contact is available. We do have his company registration number. He owns a car we believe
Expert:  Ash replied 1 year ago.
The problem is you need to know where he lives. You must have an address for service of proceedings, otherwise you can't issue a claim. Once you have this then you can take the following steps;
You need to write and set out your losses and request a payment 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 pay 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, this can include bankruptcy or freezing assets.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Do you know how we can trace his address?
Expert:  Ash replied 1 year ago.
You would need to get an investigator.
http://www.debtcollect.co.uk/
http://www.commercialdomesticinvestigations.co.uk/services/debt-collection/
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex