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How to sue for £25K

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  • How to sue for £25K

    I’d be grateful for any advice on the best way to recover debts owed by my brother.
    A few years ago his solicitor wrote that he agreed to pay me interest on loans I was making to our parent. The money became due a year ago and totals £25K. The solicitor’s letter did not have a Without Prejudice label. My brother refuses to pay up and refuses to negotiate, claiming there is no written contract with terms and conditions. As I see it, my options are:
    1) employ a solicitor to sue him for £25K through the Fast Track system
    2) see if a No-Win-No-Fee firm would be interested in the case
    3) use Moneyclaim and the Small Claims Track to sue for half the debt (it can be readily split into 2 groups), reduced to £10K. Then, if successful, try for another claim for £10K – or would the court consider this to be an abuse of process?
    I don’t know the likely costs of the first 2 options, so advice would be welcome, thanks.


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  • #2
    Do not try 3. Your decision to reduce the claim will be likely to be considered final. An attempt to bring a second claim will almost certainly be an abuse of the court process.

    1 and 2 are up to you. But you might see if you can find a solicitor willing to take the bet on terms that are acceptable to you.

    How does interest on your loan to your parent come to £25,000?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      How does interest on your loan to your parent come to £25,000?
      Thanks very much. It's simple interest at 5% on care home fees over 13 years.

      Comment

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