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Jenny
Jenny, Solicitor
Category: Law
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I signed a document with another party agreeing certain payments

Resolved Question:

I signed a document with another party agreeing certain payments to be made to me over monies owed to me, and in return giving the other party a contract to carry out building work.The other person never made the agreed payments but the building work was carried out which I paid for.He is now referring to this document as legal and binding although I think that because he did not make the agreed payments he is in breach of the document and therefore it is worthless. Am I correct please
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
So are you saying you have not paid for the services under the building contract because you have not been paid monies you were owed?
Is there anything in writing regarding the monies you are owed?
Customer: replied 1 year ago.
The document was produced by the other party but it was never witnessed.I admit not reading the document properly due to the fact that I trusted him. I have paid for all the building work and more besides.The monies that he agreed to pay me was interest on previous loans that I had made to him but he also added in repayment of a legal charge that I hold over his house.I maintain that is a completely separate affair and cannot be added into this document .he did not make any of the promised repayments anyway
Expert:  Jenny replied 1 year ago.
Ok but does the document you signed say that he does not owe you this money?
Customer: replied 1 year ago.
No ,The second charge that I hold on his house was supposed to be paid back after a fifteen month period ,it commenced in October 2010 drawn up by solicitors with interest agreed by him .Nothing has been paid back but he is attempting to say that that legal charge is now preceded by this document which greatly reduces my claim
Expert:  Jenny replied 1 year ago.
No that is not correct. The 2 issues are separate. He is in breach of agreement with you for failing to pay. The fact there is a separate contract for something else makes no difference to this position.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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Customer: replied 1 year ago.
Thank you Taratill,I will sleep easier until I appoint a Lawyer to pursue matters
Regards ALAN.