How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46765
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I met a girl some 3 years ago at a caravan site, she had her

Customer Question

Hi, I met a girl some 3 years ago at a caravan site, she had her own permanently sited caravan there, we got on very well and became partners, we sold her caravan and put the money towards another better one, I paid the remaining balance of £2,700 we then sold that and purchased another much better one, again we put all the money from the sale into the newer caravan and I paid the remaining balance of £7,800, I have calculated that I own 63% and she owns 37%. she has now left me and is still using the caravan while I am still paying off the loan of £7,500, I have had the caravan valued at £13,500 so 63% equates to £8,500 is there any way I can get this back, she has no job or means.
Thank you for your help
Kind Regards
Trevor
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

Has she made any payments at all towards the upgraded caravan? Also, whose name is ***** ***** in?

Customer: replied 9 months ago.
Hi Ben. Shs has made no payments at all other than putting her original caravan as a deposit, the current caravan receipt is in her name but I have possession of it
Customer: replied 9 months ago.
Hence her 37% ownership
Expert:  Ben Jones replied 9 months ago.

Hi there and thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 9 months ago.
OK thank you for you time
Expert:  Ben Jones replied 9 months ago.

No problem at all. I will respond at the earliest opportunity. Thank you

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. If she has no money or other means then you have to be realistic as to what you ca achieve here. Whilst you may indeed be able to prove that you own part of the caravan, if she has no money or other assets to satisfy this debt, the only potential way of doing so would be to pursue her for her share of the caravan. If she is using this as her main residence, then it is very unlikely that a court would force her to be evicted and order the sale of the caravan. So what could happen instead is that you go ahead and win your claim in the small claims court and as a resolution they may place a charging order on the caravan, which means that if it was to sell in the future, you will get a share of the sales profits to satisfy the debt you are owed.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to pursue this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46765
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Ben, it is not a permanent residance just a holiday home, she has text me this afternoon, she has obtained 3 valuations and wants to meet to discuss, she and her mother (who has moved in) are there at the moment with the 2 children on holiday. I may need your help depending on the outcome tomorrow evening
Regards
Trevor
Expert:  Ben Jones replied 9 months ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

So if this is not a permanent residence you could try and seek an order forcing the sale to satisfy the dent - this would be at the court's discretion. It sounds like she wants to talk over this though so try and reach an amicable resolution without the nee for legal action.

Customer: replied 9 months ago.
Hi Ben, i had a meeting with her this evening, i agreed a settlement figure of £8,000, which is £500 short of what i wanted but thought it better to cut my losses, her mother has made a bank transfer into my account and as we are both with Lloyds bank it went through straight away. Thank you for your assistance. Trevor
Expert:  Ben Jones replied 9 months ago.

Great news and thanks for the update. All the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice