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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I owe my mother £10,000 - i have signed letters stating that

Customer Question

I owe my mother £10,000 - i have signed letters stating that i have borrowed this money and will pay it back " when possible" - there is no deadline and it states if she passes away in the mean time i will owe it to her estate. we have fallen into a huge argument and she is now demanding full payment - this i cannot pay so have offered £100 per month - this was not acceptible so asked how much - i got no reply dated 14th feb.
saturday i got county court papers for the demand which i feel is unfair - i have now offered her £5000 which puts me under pressure and the £200 per month.
what do I do about the CCJ threat and is she legally able to do this when ive tried to sort it out with her - this incures extra cost
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When was the money lent to you?
Customer: replied 1 year ago.
on two occasions 01-05-2001 = £3500 & 16-12-2009 = £6500 - then in 2011 i went through a divorce and had all dept in my name, lost house, wife ect
Expert:  Ben Jones replied 1 year ago.
When did you last acknowledge in writing that you owe this money?
Customer: replied 1 year ago.
i emailed her about the £6500 recently
Customer: replied 1 year ago.
i have always said i would pay it back and im not trying to get away with not paying - its just the way she is going about calling it in on demand when that is not the agreement we had - and to take her eldest son to court is vial
Customer: replied 1 year ago.
this is the first email sentWhy would you threaten me with court action when i am offering to pay you back.
i have sent you a text asking how much you want - still no reply.The agreement we made at the time states this is to be paid back when possible, this I'm trying to do. at no time did you state that you would call in the dept like this and have stated that if not paid upon your death this would be owed to your estate. I would have never accepted or signed the agreement on that basis.I'm not made of money no matter what you think, you already know my business isn't great and is still struggling to get back to the old levels and this means I'm still working six days +, every week for three years now.
Julie divorce money has paid all the deposit and whats left over is being spent on doing up the house. what she does with her money is none of our business.
I am only able to pay the mortgage and bills to support us and i should be a little better off from renting.
I have offered to pay you back as we agreed the £6500 that you have always said was to do with the inheritance of my two brothers. you have verbally agreed this on several occasions.Court Action would destroy my credit rating and my business as i will no longer be able to trade or get trade accounts. Why would you do this.........?We have signed and exchanged contracts for the new house and our awaiting the moving date.
If this stops us from completing Julie could lose her deposit and life's savings.
why are you so intent on hurting me - again.
Customer: replied 1 year ago.
this is the second email sentThe agreement was never ON DEMAND - this is totally untrue and is in your handwriting & Roys
Look at what has happened in the last 6 years - you know Ive been in no position to pay you back and you've never asked until last yearyou are being totally unfair when i am trying to pay you back
I do not have £10,000 and it doesn't appear from no where
the only way i can pay you is in instalments - even if you put the knife in and twist it and take me to court
they will see i have only got one way to pay - instalmentsthanks a lot for getting Brett involved in this too - mother of the year
(check your last email)
Expert:  Ben Jones replied 1 year ago.
Ok it may well be that she is too late to pursue you for the initial payment and even the later one. There is a time limit of 6 years to make a claim so if this was made in 2001 and in 2009, she could be out of time to make the claim. The time limit would restart if you had either made a repayment towards the debt or acknowledged it in writing within the initial 6 years but if you did not do that then the claims would be time barred under the Limitations Act 1980. So assuming you did not acknowledge the debt in writing before 16 December 2015, she would be out of time to claim. The initial amount would be too late by now but the second hangs on whether there was the written acknowledgement before the 6 year time limit period expired in Dec 2015. As far as the latest amount is concerned, she is able to go to court at any time, even if you are trying to resolve it with her. The money is owed and if no agreement can be reached as to its repayment, she can go to court to try and resolve this. She may get a judgment against you but that does not mean that you have to pay straight away and if you are unable to do this you could still arrange a repayment plan and the court could agree that. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
so the first amount is totally out of date - fine understood
how comes she has gone to the county court to claim the whole lot when this too is also out of date
Expert:  Ben Jones replied 1 year ago.
When a claim is submitted the court would not look at exactly when the debt became due and the specifics of whether an extension may have come into place. That is for you to claim once you know a claim is made against you. If you do not claim a defence the court could find against you even if technically the debt may have been out of date. So that is what you now need to raise as a defence as to why the claim should not proceed
Customer: replied 1 year ago.
thank you for your help - i hope you are right
Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 1 year ago.
So I'm now stateing the limitation act 1980 and these debts are out of date on the court papers. Should this stop the court from proceeding
As I am contacting my mum to sort out paying the £6500 myself as I owe her this
Expert:  Ben Jones replied 1 year ago.
The claim itself may not prompt the court to discontinue the claim - they may wish to see further evidence of this and the other party can still try and show otherwise, but in the absence of evidence to support that, they may indeed decide that the time limit has passed and the claim is statutory bound and out of time to be pursued.
Customer: replied 1 year ago.
My mother is still going to try a full court hearing. This I got from my brother.She won't go for it.
She wants £7500 and £200 pm between me and you.
You have acknowledged the debt and made an offer of payments in January and Feb via email so it is legally in writing.
She has the email proof in 2014 and 6 years would run to 2020. If 2014 isn't acknowledged as when she asked you to repay then it would be Jan 2016 as the next date. That would run forward 6 years to make a claim and bring it to Jan 2022.
I didn't want to get involved but I don't want to see you get a CCJ and a nightmare court issue.
The 6 year rule starts from when repayments were asked to start re payments, or date of your last payment, or when you last acknowledged the debt.
If you fight and lose you get a CCJ, have to repay the £10k, have to pay her legal costs to date, (£500+), and the court costs £?k
I would suggest you negotiate.
Yes, please don't have a go at me on email again as you caught me on a bad day, when Izzy is ill, and was v busy.
Everyone is involved in both sides but no one is helping anyone, it's you sound off and discuss with Julie and Dad and then Mum sounds off with Roy and me.
Expert:  Ben Jones replied 1 year ago.
Hello, for her to claim an extension, you must have either made a payment (not just offered to make one) or made an acknowledgement that you owe the debt. Section 30 of the Limitation Act states that to be valid the acknowledgement must be in writing and signed by the person making it. However, as mentioned there is nothing stopping her from proceedings with the claim, regardless of what has happened – it is then for the court to decide whether the technicalities exist to prevent her from pursuing all or part of this.
Customer: replied 1 year ago.
Would the acknowledgment stand if it was an email from my account signed off. Best regards ***** ***** per all my emails
Expert:  Ben Jones replied 1 year ago.
That is possible - the law was written in 1980 when there was no email in wide use as today so all correspondence was done on paper. We have moved on since then, a court could decide that a personal email can be treated in the same way as a written acknowledgement. Again, that is for the court to decide
Customer: replied 1 year ago.
So. If I know offer to pay my mum the £6500 direct. Can this stop the court case. I don't want her to be able to put a ccj on me and then have to pay her costs and court costs. Can I show I have tried to pay her and she is being unreasonable
Expert:  Ben Jones replied 1 year ago.
She can still proceed for the full amount of £10k and it would be for the court to decide if she should be allowed to do so or if part of the claim will be prevented from proceeding. So there is a risk that you make the offer to repay, she proceeds with the full amount, the court allows that and you then have a CCJ for it. Attempts to repay will be considered favourable to you but do not guarantee anything
Customer: replied 1 year ago.
So if I have to go to court and the court decides on either £6500 or £10000. If I pay up straight away. Does this stop the ccj.How can my own mother get away with putting me in this position when I have made clear attempts to pay this before court
Expert:  Ben Jones replied 1 year ago.
I fully agree that morally this is wrong but legally there is a debt so whether it is your mother or not, it can be pursued if desired. You will not get a CCJ if you pay ff the debt in full or come to an official arrangement for repayment
Customer: replied 1 year ago.
Hi Ben.
I have now offered to pay the £6500 to end this. She has accepted my offer and I have transferred the money. I am waiting to hear from the court. She still seems to think that she would have won due to the fact that this money had no monthly payment and no time limit.
Anyway I'm hoping it's an end to it but just wondered if in the future she will be able to go after the remaining £3500 from 2001
Just for spite.
Expert:  Ben Jones replied 1 year ago.
Hi, based on what we discussed previously that part of the claim should be out of time
Customer: replied 1 year ago.
Should be doesn't sound too convincing.
As she has accepted my offer of £6500 to end this. Could I use that fact to defend against her
Customer: replied 1 year ago.
Also is there any truth to this.That 6 year rule is wrong that you state as it doesn't apply in this case.
Your loans have no term
They have no monthly repayments
No payments were missed
Therefore the technical term of "cause of action" applies.
Ie when you missed the first repayment or were asked to repay.
She knows this and hence she ignored your template letters regarding the loan being statute barred.
She has hours of time to research these things.
Expert:  Ben Jones replied 1 year ago.
I can tell you what the law is but i cannot promise that if it goes to court and she provides evidence that may be in addition to what we have adiscussed a court cannot find in her favour. So you will not get a lawyer to tell you with 100% certainty you will be successful. That is why i use the term should. If you are paying her now then you need to agree that thisnis done in full and final settlement ofnthe money owed that will certainly help in arguing it is all settled

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