Debt dispute - Advice needed.
Discussion
Hi,
Very briefly my situation is this:
My ex and I borrowed £5k from my dad to pay off some debts. He took a loan on our behalf and the agreement was that we would pay him back after 3 years by means of a savings policy which I subsequently set up and paid for.
Anway - the loan is well overdue for paying and my ex is refusing to talk to either me or him about it. We have had communication via a 3rd party where they admit that she knows the loan is outstanding but offers no means of paying.
Can we persue her with a debt collection agency or solicitor despite there being no written loan agreement between us and my dad?
Very briefly my situation is this:
My ex and I borrowed £5k from my dad to pay off some debts. He took a loan on our behalf and the agreement was that we would pay him back after 3 years by means of a savings policy which I subsequently set up and paid for.
Anway - the loan is well overdue for paying and my ex is refusing to talk to either me or him about it. We have had communication via a 3rd party where they admit that she knows the loan is outstanding but offers no means of paying.
Can we persue her with a debt collection agency or solicitor despite there being no written loan agreement between us and my dad?
John75 said:
Has you Dad got a written contact with the both of you ?
If not he has no chance of getting the money back
We have no written contract. But we have a letter from her 'representative' (ie her mums boyfriend) stating that she is aware that the debt exists but she has no means to pay it.
So if she cant be @rsed to honour her side of the bargain she can just walk away with no comeback...?
Whats worse is most of the loan was to cover her credit/store cards!
rsvmilly said:
Has she shown any intention; like putting money into the savings account regularly?
If you can show some intent to back up what you say then the small claims court may go on that. The burden of proof is not as high as 'higher' courts.
There is no intent at all. In fact, the house that I also own half of is falling into a state of disrepair as well so she's losing me a bundle all round really!
Heres the other sting in the tail... Im paying the endowment for the old house which now has enough money to pay off the outstanding debt - but she wont sign the endowment over to cover it.
has she any children living with her?
If not have you looked at selling the house?
Did you have a Declaration of Trust drawn up when you bought together with a power of sale written in?
As a Registered Proprietor of the house you have a legal right to live there if you wanted to, doubt she would like that.
Honestly there isn't really enough info to go on to advise you properly.
Whilst the endowment thing might sound nice actually doing would be a very bad idea as you would be breaching the mortgage conditions. still there is a difference between saying you'll do something and really doing it...
If not have you looked at selling the house?
Did you have a Declaration of Trust drawn up when you bought together with a power of sale written in?
As a Registered Proprietor of the house you have a legal right to live there if you wanted to, doubt she would like that.
Honestly there isn't really enough info to go on to advise you properly.
Whilst the endowment thing might sound nice actually doing would be a very bad idea as you would be breaching the mortgage conditions. still there is a difference between saying you'll do something and really doing it...
Rude-boy said:
has she any children living with her?
If not have you looked at selling the house?
Did you have a Declaration of Trust drawn up when you bought together with a power of sale written in?
As a Registered Proprietor of the house you have a legal right to live there if you wanted to, doubt she would like that.
Honestly there isn't really enough info to go on to advise you properly.
Whilst the endowment thing might sound nice actually doing would be a very bad idea as you would be breaching the mortgage conditions. still there is a difference between saying you'll do something and really doing it...
Hi Rude Boy,
She does have our daughter living with her, and I have been paying my dues religiously from the outset (as well as the endowment).
Its an interesting idea that I could insist on living there...Might be a useful tool to stir some action on her part if nothing else.
Nice one, excellent news!popov123 said:
NEWSFLASH:
By some kind of freak coincidence, I received a letter yesterday evening from my ex's solicitor offering to settle on the house and to hand over the endowment to pay the outstanding debt off. Amazing!
Fingers crossed for a smooth sale now.
Great News!!!
Make sure you agree one an independant valuation from a local estate agent.
I take it you've got someone acting for you but if not you might want to mail me through my profile and I'll let you know where you can go from here on the house front. Famly law's not my speciality - but the firm I work for do have a specialist (very nice lady to clients, rotwiler to opponents!)
popov123 said:
NEWSFLASH:
By some kind of freak coincidence, I received a letter yesterday evening from my ex's solicitor offering to settle on the house and to hand over the endowment to pay the outstanding debt off. Amazing!
Fingers crossed for a smooth sale now.
This is obviously a lucky thread. So..my lottery numbers are ...
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