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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62523
Experience:  Qualified Solicitor
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I lent money to my niece and her partner for their wedding,

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I lent money to my niece and her partner for their wedding, he left her after 3 weeks, this was last August 2019 - they have both been paying me back individually 50% of the amount owed from each. The groom has now stopped paying his £25 per week and is telling me to take him to court for the remaining £1425 he owes as his half of the monies owed. He is telling me he wants proof that my niece is paying, wic
JA: Where are you? It matters because laws vary by location.
Customer: I am in the UK, he has been provided with screenshots of proof of her payments even though I do not think I should have to do this.
JA: What steps have you taken so far?
Customer: I have tried to reason with him via email, he basically stops paying me as a way to get to my niece who is moving on with her life - moved into her own house, job promotion etc. He is basically blackmailing me into providing him with information about her finances.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: email is our only way of contacting him as he has blocked all other forms of communication and will not provide me with his current home address.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

So can I just check, do you have a contact address for him?

Customer: replied 8 days ago.
No he has moved in with his mistress and is refusing to give me his address, I have contact with his parents.
Customer: replied 8 days ago.
I have numerous emails, WhatsApp messages etc from him claiming it is a joint debt and that I have to take them both to court, but my niece has been paying monthly instalments with a grace period over the Xmas holiday which was provided too them both.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 8 days ago.
I have proof of payments etc from both parties and emails asking for confirmation of his half of the debt if that helps and Thank You

Many thanks for your patience. If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

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Customer: replied 8 days ago.
Yes Thank You

All the best