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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7062
Experience:  Solicitor
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I lent my son £10000 for his property development plans.

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I lent my son £10000 for his property development plans. Owing to a change in my health I had to leave work. Eventually relations worsened and I had at the same time left employment. I had to take him to court and obtained a consent order against him which stated that he was to pay £20000 per year in 5 instalments. He has paid so far £50000 by September 2014 but has not paid anything since then, He has 5 properties for rent as well as his house

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Have you applied to set aside the consent order?

Customer: replied 1 month ago.
Jamie. I have taken no action. My son has agreed to return the £50k when one of his houses for rent has sufficient equity. He put one house on the market in May 2017 for £105k and has a mortgage on it of £55. The house on the inside is a mess in terms of clothes strewn over the bedroom and dirty pots and pans in the kitchen. It is as though he does not want to sell the property. He was renting out at £500 per month and maybe he still is. There have to date been no firm offers for this house. His other 4 rented houses he says are for ' long term investment'. I have 3 sons. He has our only grandson which we have not seen for 8 years. We have written into our wills that he will receive none of the estate and detailed the outstanding debt.
He has stated that he will return the £50k when this one house is sold but there is no certainty when that will be. Meanwhile I am trying to help my other 2 sons with their houses. This is a sad case. relations were excellent before the loan and it was only his refusal to talk about the return of the capital that lead me to court to obtain a Consent Order for some certainty. I am now 70. PS I have severe tinnitus so email can be the only method of communication. What does set aside mean? Cheers Mike

Ok - you need to apply to set aside the consent order.

You need to do this using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

When you apply to set aside you are asking the Court to remove it. That it because he has not complied with the order.

If the Court does, you can enter Judgment and enforce it against properties by getting a charge.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

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