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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47613
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I lent my daughter and her boyfriend £9,000 for a house

Customer Question

I lent my daughter and her boyfriend £9,000 for a house deposit four years ago.
The mortgage was in her boyfriends name due to a poor credit rating for my daughter.
I have a signed letter from the boyfriend saying the £9,000 would be repaid upon the sale of the house.
They split up two and half years ago and the boyfriend has lived in the house ever since.
Under pressure from myself, the house is now sold but he wont tell me the name of his solicitor so I can contact the solicitor with details of our arrangement and a copy of the signed letter.
I have considered taking out a small claims against him.
Any advice please.
Alan Syddall
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

Please can you tell me how long ago he sold the house? Thank you

Customer: replied 11 months ago.
Only recently, it is Sold STC.
Expert:  Ben Jones replied 11 months ago.

OK 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.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. As the debt was not registered against the deeds of the property it will not be treated as a secured debt so you will not have a right to stop the sale or to automatically get parts of the proceeds of the sale. Therefore, contacting the solicitor dealing with the sale will not really do any good as they will not legally be obliged to honour the agreement you had with the boyfriend – that would be a personal agreement between you and him and not one which would officially be treated as part of the property sale. Therefore, if you wanted to take the matter further you would need to consider the small claims route because the conditions of the repayment have been satisfied and there is no payment forthcoming.

This is your basic legal position. I have more detailed advice for you in terms of the formal steps you need to take to progress things 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

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.