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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I borrowed my son and daughter in law a total of

Resolved Question:

I borrowed my son and daughter in law a total of £9,000,£6,000 was towards their wedding in April 2015, they have paid back approximately £1,760, I keep asking for the monthly payments,However, they have not paid anything at all back to me since April, My daughter in law is no longer speaking to me, I now need to take this matter further, as this was part of my pension savings, any advice please.
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Do they have the money to pay please?

Customer: replied 9 months ago.
They both work full time, The agreement was £300 per month, then they said they couldn't afford to pay£300 a month, In a nutshell they've paid me in drips and drabs,They will not commit themselves to a regular monthly payment to my account. I relented and asked for £100 a month no still nothing from them. Unfortunately I don't have a written agreement with them only my saved emails between myself and son in law. In these emails he clearly states to promise to pay the cash back to me.
Expert:  Jo C. replied 9 months ago.

Oh that won't be a problem. This is a large sum of money and, although it is your son, a court is not likely to deduce that there wasn't an agreement to pay. Anyway there has been a repayment and also you can rely on your emails as evidence.

Getting judgment won't be an issue.

Expert:  Jo C. replied 9 months ago.

It is getting the money that is harder.

The place to start is to send them a letter before action though. Give them a 28 day period to either pay or make arrangements to pay.

Expert:  Jo C. replied 9 months ago.

Make clear that you will sue and seek costs and interest if they do not.

If there is no result then issue against them here

www.moneyclaim.gov.uk

If they still don't pay then you can always seek an attachment to earnings. That is fairly cost effective and works quite well for an employed person.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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Customer: replied 9 months ago.
Thank you Jo, That's all very clear and understood, I will start the ball rolling with a letter of 28 days notice to them outlining what you have mentioned to me.Ian.
Expert:  Jo C. replied 9 months ago.

No problem.

All the best.

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