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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 35
Experience:  Moderator
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How strong is our case?! Please help.

Customer Question

My partner has been divorced 6 years and had residency granted for his 2 daughters. The youngest is now 18 and we have had to pay his ex-wife her share of the house which was a charge on our property. The process of agreeing a price was very long with periods of more than two weeks with hearing no response from her solicitor at all. We responded to each solicitor letter from her with a maximum turn around of 48 hours. We have been charged daily interest since our youngest turned 18 and are still being charged today which we have disputed through our solicitor as they have been delaying responses and gaining 2 weeks interest from us a time - it has taken 3 weeks to receive their latest letter which is demanding hundreds of pounds in interest. We had legal aid for this case but she now wants to take us to court for the whole amount of interest - including all her delays. We have offered to pay any interest incurred between her solicitor contacting us and our response but they have refused. She is 56000 richer, we have doubled our mortgage and have one daughter in University and the second off in 2 months (her children too i hasten to add) and she owes over 4000 in maintenance arears. Please, apart from representing ourselves, is there any way we can get help for this? even the children have tried reasoning with her. Also, if we are taken to court, what are our chances of winning? we have nothing left now and are seriously considering having to sell the family home..... I would appreciate your views! XXXXX XXXXX

Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.

Has the capital sum been paid just leaving interest (if any)?

Interest from when to when?

How much?

Have the maintenance arrears been referred to CSA or was maintenance a court order?


Customer: replied 5 years ago.

Thank you for your reply,


Yes the principle sum was paid 3 weeks ago just leaving the interest.


The interest is from our youngest's 18th birthday (21-02-13) and they are still charging us daily


The interest is £6.00 a day. We have offered to pay half but we have received a letter from her solicitor this morning saying she is taking it to court. We cannot afford this.


Now both girls are 18, the CSA will not chase the arrears, she has also left her employment and is not signing on as she is living off of the 56,000 we have just had to give her. We have told them she is in receipt of this money but she will not respond to their calls. We really are stuck.

Expert:  James Mather replied 5 years ago.

It is 129 days from
21 February until the end of June. Here is the calculation machine.

I do not know the
principal sum (£54,000?) or what the interest rate they are charging is. It
appears to be about 4% which is not too bad.

So she is entitled
to interest (assuming the calculation is correct) of £774 in respect of the
period from 21 February until the end of June when the capital sum was repaid.

Between the end of
June and now, say, 24 days, they are entitled to 4% interest on £774 which is
about 85p per day..

I would write back
to them and tell them exactly that because the interest on the capital sum
stopped accruing on the day that it was paid, three weeks ago.

You may need to do
some adjustment of the figures because I do not know the exact dates.


upon the figures you have given, you need to send £774 now.

cases like this, I never suggest making an offer. I suggest sending a cheque.
Armed with a cheque in the hand for some of the amount they want, compared to
an argument over the whole of the amount, (an arguments that they may win or
lose) the cheque in the hand is a pretty powerful incentive to accept it.

consider deciding how much you would like to pay the (you need to make it
attractive enough) and send it with a covering letter headed "without prejudice
save as to costs". That means that they cannot produce the letter in court as
any proof that you admit owing them any money at all.

them in the letter that you are offering this money in full and final
settlement of all claims against you, past, present and future, and that by
cashing it they accept it as such. Tell them that if they do not accept it,
they should return the cheque to you and if they issue legal proceedings, you
will defend them on the basis of A, B, C, whatever.

can tell you this approach works nine times out of 10,

For legal reasons which I will not bore you with but which
go back several hundred years, the cheque must not come from you, but was come
from a third party, friend, relative, solicitor, our accountant, neighbour,
girlfriend, wife, husband, whoever, just not from you.

Here is some rather heavy reading

in me misleading you.

that answer the question? Can I help further? Can I answer any specific points?


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Customer: replied 5 years ago.
thank you for your help
Expert:  James Mather replied 5 years ago.

Glad to assist.

don't forget to positively rate my answer service if you have not already done so.

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my time
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Expert:  Nicola-mod replied 5 years ago.

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