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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71543
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I lent someone money as a deposit for a property in 2008. There

This answer was rated:

I lent someone money as a deposit for a property in 2008. There was no legal loan agreement signed but I have a letter from his solicitor stating that I should be able to get a judgement to apply for charging order against the asset. I have been to a solicitor who now says the next course of action is to get a barrister involved. Obviously this would be a costly practice. Is there any way I could apply to the court myself. If so what would I need to do?
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What date is 2008 please?
Customer: replied 4 years ago.

Sorry, the loan I made was in Feb 2007. The letter from the solicitor that I mentioned was dated March 2008

Has he acknowledged the debt since?
Customer: replied 4 years ago.

I have sent emails to him, one on 4th July 2012 asking for his intentions on repayment. He replied by email on 12th July 2012 stating he would 'look into it'


I sent another email on 16th April 2013 once again asking for repayment and did not receive a reply to this.

That is a problem I'm afraid.

I don't know when you say the solicitor? Obviously he has had full vision of this case and I have not. However, you seem to be time barred under the Limitation Act. You had 6 years from the date of last acknowledgement to sue. Last acknowledgement appears to have been in march 2008 which was more than 6 years ago.

I suppose you could try to argue that the 12 July 2012 response amounts to acknowledgment but I'm not sure saying that a person would look at something really acknowledges a debt.

On your primary point above though, you can always self represent. You can issue here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.

How would I approach the court and what would I need to do?


Why do you think my solicitor didn't tell me there was a 6 year deadline for claims, she only told me that solicitors only have an obligation to save files for 6 years.

1 You can issue online.

2 I wouldn't know about that. I don't know whether there have been other acknowledements?
Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

I have just remembered that he gave me a cheque in August 2009 and also September 2009 for payment of interest on the building society loan (mortgage raised on my property). Would this count as acknowledgement of loan?


 

Yes, any payment or purported payment would be an acknowledgement.

That is probably why the solicitor didn't mention it.
Customer: replied 4 years ago.

Thank you Jo C, I will proceed with trying to obtain a county court judgement.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 4 years ago.

Thank you for your interest. I have applied to Lincoln County Court and proceeded through Moneyclaim. The papers have been issued and I think today will be classed as the last day they would be served. I suppose now it is just a waiting game to see what happens next

Yes, thats right.

Best of luck with it.