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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Recently I learned that funds I had provided to my son ( via

Customer Question

Recently I learned that funds I had provided to my son ( via a bank account held in his name) for the sole purpose of buying a buy to let property that would provide me with retirement income has in fact been used to purchase a capital/interest loan for the said property. He has unknown to me been paying the capital while I was paying the interest. I have not received rental income since 2011. I am 65 in September and the income and capital from that property has been withheld from me.
My son refuses to supply me with an address. Communication is by email, he has refused to give me any details regarding income received since 2011.
How do I recover the money invested in property that was bought to provide an income in retirement? I am asking via this site because I cannot afford to instruct a solicitor.
Can I raise a court action for compensation myself and what do I need to do to start the process?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
In whose title is the property?
Customer: replied 1 year ago.
The title is in my sons name. For the avoidance of doubt the property is in England.
Expert:  JGM replied 1 year ago.
Where does your son stay, Scotland or England? Does he stay in the property?
What do you mean the funds were used to purchase a property? Do you mean the funds paid the deposit on the property and there was a mortgage taken too?
Generally, could you explain your situation a little more?
Customer: replied 1 year ago.
Sorry I thought I had given a full description. I will try and expand.
My son is in the armed forces, his present whereabouts are unknown to me, he served in Germany until 2011 but beyond that I do not know. As far as I am aware he does not live in the property. To the best of my knowledge the property has a tenant living in it, he used to use a local agent in Bexhill On Sea to manage the letting of the property and I think that might still be the case.
A bank account was held in my sons name and my occupational pension payments were paid into that account. I withdrew my living expenses from that same account.
My funds from that account were used to pay for the deposit for the property as well as legal fees, loan interest, freeholders fees. I always thought the loan taken out by my son was an interest only loan so that the property could be sold and any increase ( or loss ) in value would provide
retirement cash.all that was done with my knowledge
I learned in December 2014 that the loan taken out for the property was on a capital repayment basis. My son who was making the capital part of the repayments therefore had a financial interest in the property I was
unaware of.
I hope that gives a broader picture of the situation.
Expert:  JGM replied 1 year ago.
Thank you, ***** ***** me a lot.
The situation is that you had an agreement with your son and that your son is in breach of that agreement. He has taken your money and used it for a different purpose from that which was agreed.
Because of that you are entitled to reclaim the monies paid and also claim for your other financial losses, typically what you have lost in rental income over the period.
However, you will have to instruct a solicitor and that would have to be in England. There is no way that you can do this yourself without knowing the court rules and procedures.
Remember that you may qualify for legal aid. I suggest that you see a local solicitor in the first instance who may have contacts in England who could act as agent in dealing with this.
Happy to discuss further.
Customer: replied 1 year ago.
Thank you for your comprensive reply. Just for clarity any action raised would need to be in England under English law even if I found out he was presently living in Scotland?
Expert:  JGM replied 1 year ago.
If he's living in Scotland, the action could be raised in Scotland. I was assuming he lived outwith Scotland.
I hope that helps.
Customer: replied 1 year ago.
Could I have more detail regarding the court proceedings under Scots law.
Expert:  JGM replied 1 year ago.
The action would be raised under ordinary procedure in the sheriff court. Generally that means you will need to instruct a solicitor as this is not a small claim or summary type action where you can just fill in a form.
You can learn about this at www.scotcourts.gov.uk and the rules of procedure are all published online but I would not under any circumstances recommend that you do this without instructing a solicitor.

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