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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter and her partner owed over £120,000 to various

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My daughter and her partner owed over £120,000 to various creditors. They were threatened with bankruptcy but were advised that they could apply for an IVA. They were required to borrow from my wife and I £32000 to meet their debts through the IVA. My wife and I were required to sign a guarantee sent to the IVA Advice Bureau that this was a loan and not a gift. This IVA was settled in 2009. My daughters partner was a financial advisor and lost his job. He was re-employed in much reduced financial circumstances.
They realised from the outset that they would have to sale their large house to make ends meet. At that time they were in negative equity as far as the house was concerned. My wife and I accepted that they would be unable to repay the debt until the house was sold. They parted in May 2015 but the house was only sold in December 2015. They each made a profit of about £74000. My daughter immediately agreed to pay back her half of the loan (£16000). He told her that he would not pay back anything. I have written two lengthy letters requesting the money and enclosing a copy of the loan guarantee we sent to the IVA Bureau who dealt with their case. These were sent in January and March 2016. He has replied to neither letter.
Can I take legal action to recover the sum I am owed?
Thank you
David *********
I have written two letters requesting
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Did you have a formal agreement, in writing, at the time you provided the loan?
Customer: replied 1 year ago.
No the only paper confirming the loan was sent to the IVA. However my daughter will con firm that the sum was always a loan and she has agreed to pay her half back
Customer: replied 1 year ago.
Cancel the request for a phone call. My daughter will confirm it was a loan
Customer: replied 1 year ago.
Hello Ben, should I wait for a response
Customer: replied 1 year ago.
Hi Ben - I am confused. Do I remain on line o0r respond through e-mails -David
Customer: replied 1 year ago.
I am concerned that I applied for advice for this matter but am receiving messages stating that I have signed up for a monthly contract. That was not my intention.
Thank you for your response. No you do not need to stay online, you can respond by email. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Ben
I am really concerned. I was informed that you could not talk on the phone and was advised that I had not been charged for the call. I wrote that I did not require a phone call, accepting the answer on line. When you called briefly I explained this to you. I have now received confirmation that I have been charged £38. I am trying to confirm that I will not be charged. Do you believe that this matter can only be dealt with on the phone or can you advise on line? David
Customer: replied 1 year ago.
Please may I have a response as I am worried about the situation
Hello, I did not call, did the person who call identify themselves?
Customer: replied 1 year ago.
No Ben. I assumed it was you.
Customer: replied 1 year ago.
Hi Ben - Just to add to my confusion there was and is a note on my system stating that " The solicitor has confirmed your phone call request and will call you in a few minutes" That is why I assumed it was you. The number was witheld
If I can explain how the system works - you posted a question which I picked up and I started working on, advising you that I will get back to you. When you posted the question you would have been given options on whether you just want a one off payment for this quesiton or a monthly subscription. If you received messages confirming a subscription you are likely to have chosen that option. That is not a problem as you can cancel it and just leave this as a one off payment. You then requested a phone call. Such a request is open to all experts on the site. I was unavailable to make a call so did not accept that request. However another expert would have accepted it and it would then have been their obligation to contact you and discuss that with you. They may not have seen the request that you no longer required a phone call. So you are able to contact Customer Support between 9-6 tomorrow on 0***-***-**** to sort out the extra payment for the call and the subscription issue. In the meantime I will finalise my written response and reply on here
So whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. Once the claim is made and assuming you are successful you have various options to try and enforce the court judgment issued in your favour. You can see these here: Hope this clarifies and apologies for the earlier confusion.
Customer: replied 1 year ago.
Many thanks Ben. I have sent two formal letters, the last requesting payment in 21 days -no response. May I just ask this. Do you believe I have a legitimate claim for repayment of this money. Is the delay in the claim reasonable because I am aware that he can only now afford to pay - David
The delay is not an issue - you have 6 years to claim anyway although that only applies if there was a specific date for repaying the loan, if there wasn't then you can still pursue it now. And yes you do have a legitimate claim as this was a loan, it was given on the proviso that it would be repaid so you certainly have the right to pursue it if necessary
Customer: replied 1 year ago.
Thank you very much Ben for providing the advice. Best wishes - David French
You are most welcome, all the best