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Category: Law
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I have been promised a sum of money by an individual who is

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I have been promised a sum of money by an individual who is now saying he doesn’t owe me the money and that there is no way I am getting it. Do I have a verbal contract and is this enforceable?
JA: Where are you? It matters because laws vary by location.
Customer: Yorkshire
JA: What steps have you taken so far?
Customer: I have spoken to the other party earlier today. This is the first conversation in over a year
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Basically I paid £4500 to my then partner as she needed a new bathroom. She unfortunately passed away 3 months later and her ex husband moved into the property to supposedly look after the children. I had a couple of conversations and explained the situation over the bathroom and he said he would be selling the house and would pay me £5000 when the house was sold. It was sold last October and I haven’t been given any money or explanation as to why

Thank you for your enquiry. My name is ***** ***** I am a Solicitor. Verbal contracts are enforceable provided that they can be supported by evidence. Unfortunately, as the money claim you seek to enforce relates to a debt owed by a deceased person and you have not indicated that there is any documentary evidence to prove that this contract existed then this will be a very difficult case.

What you could do is as follows:

1. send written correspondence to the ex by text, email or letter and make reference to your discussion about the amount owed. in your letter be very clear about the date you had the conversation, the debt it relates to and the amount promised.

2. The response from the ex will be very important because if he does not dispute the accuracy of the details contained in your letter then you are in a stronger position to prove that there was an intention for both parties to enter into a verbal contract.

The main thing that you would need to show is that you have relied on the promise to your detriment. My view is that it is best to try and resolve this without entering into court proceedings. As the Claimant the onus is entirely on you to prove your case so you will need to gather as much documentary evidence as possible to support your claim.

Customer: replied 12 days ago.
Thank you for this. The conversations were on the phone and the first one took place on the 6th February 2019 and the 2nd on 14th February 2019.

Thank you. My advice would be to request a copy of your call records from your phone company and isolate these two calls as best that you can. In your formal letter make clear reference to these calls and what was discussed during them.

DanielM311 and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you