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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
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I have stupidly borrowed a lot of money from someone which

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I have stupidly borrowed a lot of money from someone which fuelled a gambling addiction. This person knew about my gambling but continued to loan me money. The agreement was I would sell my flat to repay them. My question is can they legally make me do that? I would prefer to keep the flat as it is all I have and rent it out and repay them over time with the proceeds from rental.
Can I legally be forced to sell my flat to repay this debt?
thank you
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did the person actually have a charging order over your flat, something registered against the deeds of the house?
Customer: replied 2 years ago.
Hi Ben. No this was all done verbally.
Customer: replied 2 years ago.
So there is nothing in writing at all to back up what you had agreed?
Customer: replied 2 years ago.
there was some communication via text message
It would not be possible for the person to actually force you to sell your house. This is only possible with a formal property charging order which is an official order against the deeds of the house which make an unsecured debt, such as a loan, a secured one against the house. Therefore, the person in whose favour the order is made can make decisions as to how they want to pursue that debt, including forcing thorough the sale of the property. However, there is no such arrangement in place and a simple verbal agreement or through text messages will certainly not be enough to do this. It would still allow the person top pursue this as an unsecured debt but that would mean going through court and then trying other methods to try and enforce the judgment. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Thank you. The person is now saying they will have a solicitor draw up a contract outlining what I owe and timeframes for repayment after sale. Obviously I should refuse to sign this, and attempt to persuade the person to accept monthly payments from rental income as repayment?
You cannot be forced to sign anything at this stage. You should only agree to things you are happy with. So if you do not want to entertain the option of selling the house you should not agree to anything which mentions that, even though he cannot force you to sell it even with such an agreement in place and any repayments mentioned to start after the sale of the house will start once the house is sold, which would be down to you as to when it happens. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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