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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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There I am studying law (contract at the moment) and

Resolved Question:

Hello there
I am studying law (contract at the moment) and have been reflecting (out of curiosity rather than because I need to know it for my course) on some issues relating to disputed debt. I heard recently of a dispute in which a mortgagor disputed that he had actually received a further advance from the mortgagee. He requested sight of the accounts which would prove that the money had, in fact, been transferred from the lender's account to his own. The advance was around ten years ago and I'm not sure what records might still exist in respect of the actual transfer of funds. I wondered what proof would actually be required in this situation. Fundamentally, the question I'd like to answer is: what really constitutes the basic proof of a monetary payment, from a purely legal perspective? What is the basic legal requirement to prove that money was transferred from one party to another?
Thanks in advance do any clarification you can give.
Kind regards
Stuart
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. I will get my response ready and reply on here shortly.
Customer: replied 8 months ago.
Apologies for the typos - am using my phone!
Expert:  Ben Jones replied 8 months ago.
No worries, I got it all. You are probably missing something really obvious, in a sense that there is no specific legal authority to deal with this situation. In effect what the courts can decide to do is take whatever evidence is available at the time to form a view as to whether a transfer was made or that it was most likely one was made. So in effect you could have a single factor or a combination of several factors which show that this had happened. It could be as obvious as bank statements, or other official correspondence, it could be other ancillary documentation which strongly suggests money was transferred, it could even be down to evidence by the parties involved. So you are not looking at a specific type of evidence which will prove this, it does not exist. Of course the more specific the evidence the better, but it is not specifically defined in law. 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 8 months ago.
Thanks, ***** ***** that is very helpful indeed and I'll 5-star you accordingly! I had a feeling there may be no single piece of critical evidence. It's good to know I'm not ignorant of some crucial statute or case law (well, at least not in this instance!). Just out of interest, are you aware of any cases in which a lender has lost a claim through lack of evidence that a debt actually existed? I actually work for a bank so I see quite a few debt recovery matters. It would just be interesting to see how, in practice, a court had handled that kind of dispute. I don't want to waste your time, though, so if nothing immediately springs to mind then I'll leave you be.Thanks again, Ben - much appreciated.Stuart
Expert:  Ben Jones replied 8 months ago.
Without burying my head into some proper research unfortunately I cannot think of any specific cases from memory as it is not a matter I would deal on a day to day basis. But this may be a worthwhile read just to explain the situaiton in a little bit more detail: http://www.inbrief.co.uk/business-finance/proving-a-debt-recovery-claim.htm
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45376
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 8 months ago.
I'll have a read. Thanks again for your help with this.Kind regardsStuart
Expert:  Ben Jones replied 8 months ago.
You are welcome, all the best

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