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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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In 2008,I loaned my daughter and partner £15,000 to secure a

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In 2008,I loaned my daughter and partner £15,000 to secure a mortgage on a property. They agreed to repay the loan from their joint account at £100 per calendar month and made 35 such payments until their relationship ended. Am I able to sue him separately in the small claims court for £5,750 i.e. 50% of the outstanding balance? If the answer is yes, as there is nothing in writing what are my chances of success?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When was the last payment made?

Customer: replied 18 days ago.
I received the last payment of £100 on 26/7/11.

hi there, sorry I was offline by the time you had replied. I think you will have a problem pursuing this further I'm afraid and this is mainly due to the fact you will most likely be out of time to make a claim. The Limitation Act sets specific deadlines for which certain claims need to be made, before they become time barred. In your case, the time limit is 6 years. As the last payment was made in 2011, the time limit would have run out at some point last year. If no payments wee made since 2011, you would not have been able to get an extension on this time limit and by now you would be time barred to bring a claim in the courts.

Therefore, you are now relying solely on him or your daughter to pay off the remaining debt, without actually being able to rely on the legal system to pursue them for the money owed.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 14 days ago.
Although the last repayment was in 2011, indirect attempts to recover the outstanding amount have been ongoing periodically over the last 7 years during the protracted negotiations concerning the division of equity on the property. In April 2018, an agreement was reached eventually which required my daughter to remortgage and pay a lump sum of £10,000 in full settlement of her ex partner's claim. Throughout the negotiations, he maintained a position of denying the existence of the loan despite all the evidence to the contrary and I therefore feel that it is still outstanding and the Limitations Act should not be applied.

Sadly it is not what you feel should happen, but what the law says and in this case the Limitations Act would apply because the debt is out of time and there have been no repayments or formal written admissions of the debt in the time and the law is pretty clear about all of this. I m sorry, but I cannot give you an answer which does not have a basis in law

Has this answered your query, please?

Customer: replied 9 days ago.
It would seem that he was well advised throughout. Finally, if the loan had not been time barred, as per my original question, would I have been able to sue him separately?

yes, if this was a joint debt then technically they are jointly and severally liable for it so you could have sued him if needed. Does this clarify things for you?

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