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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, We contacted each other yesterday. I have sent you

This answer was rated:

Hi Alex,
We contacted each other yesterday. I have sent you a couple of more questions. Have you got them? Just not sure they went through ok.
Gill***** *****on
Hello Gillian and thanks for requesting me again.
I havent got any questions outstanding for you, perhaps you could repost here?
Customer: replied 2 years ago.

Ok I thought that may have happened. We were just wondering if you could advise on the wording for the beginning of the letter and how we position it. We are intending to give to builder tomorrow evening at a meeting. Costs including the £7500 are up at £38,461. This is for work that he has been paid for to finish the build but is now unable to do so as he has no money. Also what if he has no assets in the company? What can we sue for? Is his house able to go in the assets (joint with his wife)? He is trying to sell it at the moment.

You can sue for breach of contract. However if you paid the Ltd company then unless that company owns the house you cant go after it. You can only go after assets owned by the company.
Does that help?
Customer: replied 2 years ago.

OK but can you help with the wording of the letter and positioning of it?

Its a straight forward process. You set out the terms of the contract, how it was breached, the losses as a result and that you want a payment within 14 days or Court.
That is it really.
Does that help?
Customer: replied 2 years ago.

OK Thanks,

One idea we have is to have a letter drawn up with the monies owed and that when he sells his house he aggress to pay us that amount from the equity of his house. His wife would need to sign as well. If we all signed would that stand up in court or what do we need to do to get a letter of agreement to work in court.

Yes you could do that. You simply need to ask him to consent to a charge on his house. You can do this by consent and that would be the way forward.
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