Advice needed on how to claim back a large sum of money owed please?

[redrose281]

Hi Everyone,

I am needing some help please. A Family member borrowed a large sum of money from me in 2003, I stupidly didn`t get anything in writing with it being a Family member as I trusted them to pay me back!

I have tried and tried to get him to pay me my money back, I`ve asked him, put it in writing numerous times, begged him and even started Court proceedings, but he has no conscience!

I employed a Solicitor to try and get the money back but my Family member let it be known that should I win, he had it tied up so that all of his assets are now in his Wifes name and he shows as owning nothing, therefore, he would offer to pay me £5.00 per months, which wouldn`t see me paid back even a fraction in my lifetime!

I have had to live hand to mouth now for many years because he hasn`t paid me back, I ended up having to get a large mortgage just to get by, (previously I was mortgage free!), I don`t have the money to take it back to Court and can`t get legal aid because the value in my house is too much and I can`t raise further monies against my house as I now have a poor credit rating too from having to struggle by for the last 14 years...I have never let this lapse, I have kept the pressure on trying to get my money back so I am not time barred I believe.

I can prove I gave him the money in the form of bankers drafts payable to his Solicitors to buy his house, and when the police went to visit him, he admitted he`d had the money from me to buy his property, (he has now sold that property, remarried and gone to live in his new Wifes property), but claims I gave him the money, which is just ridiculous, but the police have said it`s a civil matter!

I employed the services of a so-called `reputable` debt collector, but he told them he didn`t own anything and offered the debt collector £1000.00 to walk away from the debt and to try and ruin me! The debt collector took the money!!

My question is this, is there anything I can do to get my money back that isn`t going to cost me a fortune as I just don`t have it to lay out, this has financially just about broken me and I`m at my wits end! He came into a substantial amount of money last year from his Father dying, so I tried to appeal to him to at least pay me something back...he wouldn`t!

Please can anyone help me? I`m pretty sure the answer will be no, but I have to try. Thank you for taking the time to read this.

[redrose281]

Re: Advice needed on how to claim back a large sum of money owed please?

Can anyone advise please? I`m sure the fact that this has been read so many times but got no responses means that I have no chance, but hope you good people don`t mind me asking again, thank you xx

[charitynjw]

Re: Advice needed on how to claim back a large sum of money owed please?

Hi redrose.

Is the amount owed more than £10,000?
Has the 'family member' acknowledged the debt in writing during the last 6 years?

[redrose281]

Re: Advice needed on how to claim back a large sum of money owed please?

Hi redrose.

Is the amount owed more than £10,000?
Has the 'family member' acknowledged the debt in writing during the last 6 years?

Hi charitynjw,

Yes the amount owed is more than £10,000.00. No sadly he hasn`t admitted the debt in writing at any time...he admitted to the police that I gave him the money and the Solicitors who dealt with the conveyancing for the property he borrowed the money off me to buy, stated in writing that the bankers drafts used to buy the property came from my account but the Family member claims that I gave him the money, which is ridiculous!

I have kept the whole thing going by writing to him, e-mailing him etc, he never responds to anything though he always signs for the letters I send him.


Thank you for replying to me, I really appreciate it .

xx

[charitynjw]

Re: Advice needed on how to claim back a large sum of money owed please?

Costs may well be a significant issue here.
Depending on the amount being claimed, the case may well go to Fast Track or Multi Track, if County Court is the applicable venue.

From what you have posted, there is very little evidence of whether it was a repayable loan, which you contend, or whether it was a non-repayable gift. (His argument).
It would seem to be one person's word against the other.

There is also the problem of 'Limitation'.
The event (loan) took place 13 to 14 years ago.
Although there are some exceptions to the normal 6 year rule, even these may well not be applicable after such a long time.

That said, it is difficult to give an opinion without sight of all of whatever evidence that might exist.
I would suggest that you contact one or more of the solicitors on our sister site, LB Compare. (See blue bar, top of thread).
I believe that some will give a free consulation for preliminary matters.

I'll also give @Diana M & @Amethyst a nudge to see if they can offer suggestions.
Or perhaps our @Kati could suggest something/someone?

[redrose281]

Re: Advice needed on how to claim back a large sum of money owed please?

Costs may well be a significant issue here.
Depending on the amount being claimed, the case may well go to Fast Track or Multi Track, if County Court is the applicable venue.

From what you have posted, there is very little evidence of whether it was a repayable loan, which you contend, or whether it was a non-repayable gift. (His argument).
It would seem to be one person's word against the other.

There is also the problem of 'Limitation'.
The event (loan) took place 13 to 14 years ago.
Although there are some exceptions to the normal 6 year rule, even these may well not be applicable after such a long time.

That said, it is difficult to give an opinion without sight of all of whatever evidence that might exist.
I would suggest that you contact one or more of the solicitors on our sister site, LB Compare. (See blue bar, top of thread).
I believe that some will give a free consulation for preliminary matters.

I'll also give @Diana M & @Amethyst a nudge to see if they can offer suggestions.
Or perhaps our @Kati could suggest something/someone?

Thank you charitynjw , it`s as I thought but was worth an ask, thanks for your help, much appreciated xx

[Guest]

Re: Advice needed on how to claim back a large sum of money owed please?

Thank you charitynjw , it`s as I thought but was worth an ask, thanks for your help, much appreciated xx

It shows what a useful purpose that this forum serves. Well done to all who contribute!
Thank you all

[redrose281]

Land Registry question

Hi,

Right, this is quite complicated...someone who owes me a lot of money, sold the house I loaned him the money to buy, and moved to the other end of the country, wherein he moved in with a `friend` and his Wife. The Friend died, and this man has now married the Wife of his friend. The property they lived in at that time was in the joint names of his new Wife and her Late Husband.

He has done his best to `hide` the money he has, to avoid his liability to me (he has also recently come into a considerable inheritance from his Late Father), however, I found out recently that in 2014, he made a Planning Application, (in his name), to have the property he lives in with his Wife , (which was a small bungalow on a sizeable plot of land), knocked down and replaced with a large, 3 bedroom, detached house. The building work is now completed, and the Debtor and his Wife are living in their new `huge` house . I thought it might be worth me trying to get a charge put onto the property...however, after checking with the Land Registry and paying my fee for doing so, I was shocked to find that the new property is also registered in the name of his Wife and her late Husband...he has been dead for 8 years!!

Please can anyone tell me if this is legal? If not, what can I do about it please?

Many thanks in advance.

[R0b]

Re: Land Registry question

Hi,

Right, this is quite complicated...someone who owes me a lot of money, sold the house I loaned him the money to buy, and moved to the other end of the country, wherein he moved in with a `friend` and his Wife. The Friend died, and this man has now married the Wife of his friend. The property they lived in at that time was in the joint names of his new Wife and her Late Husband.

He has done his best to `hide` the money he has, to avoid his liability to me (he has also recently come into a considerable inheritance from his Late Father), however, I found out recently that in 2014, he made a Planning Application, (in his name), to have the property he lives in with his Wife , (which was a small bungalow on a sizeable plot of land), knocked down and replaced with a large, 3 bedroom, detached house. The building work is now completed, and the Debtor and his Wife are living in their new `huge` house . I thought it might be worth me trying to get a charge put onto the property...however, after checking with the Land Registry and paying my fee for doing so, I was shocked to find that the new property is also registered in the name of his Wife and her late Husband...he has been dead for 8 years!!

Please can anyone tell me if this is legal? If not, what can I do about it please?

Many thanks in advance.

What makes you think something about this is legal? It sounds like he has gone through the right channels for planning permission etc. and it has been granted. Anyone can make an application for planning permission whether you own the land or not. You've not mentioned whether the land has been transferred (and I am assuming this hasn't) which is why it is still in in his wife's and late husband's name. When you buy property you are usually buying the land and contents on it. So if the house is knocked down and rebuilt, the land doesn't transfer to the debtor unless it has been transferred to his name solely or jointly and the wife has agreed to do so.

So, its not all that shocking really. There seems to be a few things missing here and the first thing is have you issued a claim and obtained a County Court judgment against him? How much money are we talking, thousands or tens of thousands or hundreds of thousands?

Other obvious questions:

- Does he have a job, and do you know if he has money behind him?
- Have you tried other methods of enforcement? For example, issuing a summons for him to attend court to question him about his financial status?
- How do you know that he has spent some money to rebuild the house, what evidence do you have? What if his wife had paid for it but he just did the planning application?
- Have you done a financial background check on him?

Charging orders are not cheap and they are not quick and easy either, there are several stages to it. Secondly, it could be difficult since the wife is living in the property and is not the debtor. At the same time there could be other creditors who take priority over your debt i.e. a bank.

[Amethyst]

Re: Land Registry question

Previous post on same debt ? http://legalbeagles.info/forums/show...934#post748934

[redrose281]

Re: Land Registry question

Hi ROb

Thank you for your reply.

I basically just didn't know whether it was legal or not to have a property registered in a deceased persons name 8 years after they'd died, which is why I asked. I'm sorry. I presume the land hasn't been transferred as it is still registered in the Wife and her late Husbands name.

Yes , he has a job. Yes he has money behind him. Yes I started Legal Proceedings against him but as he's had most of my money, I took it so far but then needed 10k to put it into court because of the amount involved and I quite simply haven't got that, his broken promises have left me so I am not in financial position to take it any further through the Courts at this stage.

I know he has paid for the new build as he openly boasts about the fact to other Family members...yes I was stupid enough to loan a large amount of money to a Family member.

I haven't done a financial background check on him as I don't know how to...I'm sorry, I'm tryìng to hold things together here, I know I've been naive and stupid and this is my own fault...im just grasping at straws for ways I might at least be able to get some of the money I loaned him back.

Thank you for replying anyway.

- - - Updated - - -

Yes amethyst, it's the same debt.

I apologise if I'm not allowed to post again on the same problem, please remove if you wish to.

[Amethyst]

Re: Land Registry question

Nooo it's fine, just helps to keep things together so people know the background xxx I'll merge the threads for you

How much is the actual debt ? A £10,000 court fee would be for a claim of £200k ?

[R0b]

Re: Advice needed on how to claim back a large sum of money owed please?

I think anything I've suggested above is pretty much void unless you have a judgment against him. Secondly even if you could prove that the money given was not a gift and indeed a loan (given the sums involved it could be argued that even though you are family members its unlikely anyone would simply gift such an amount and more likely than not it was given as a loan). then from looking above there seems to be a real possibility that your claim could be statute barred unless you can prove or show that it was agreed the loan would be repaid on demand.

I'm sorry to hear of your problems you have encountered over the years but this is a prime example that any agreement should be put in writing so that everyone is on the same wavelength - easy in hindsight but at the same time you are now in a difficult position because you've not done anything to issue proceedings and obtain judgment. I'm also rather surprised that you mentioned a reputable debt collector, if you have proof the debt collector took a bribe you should have reported them to the police and also the FCA (or the OFT at the time) where they would no doubt have their licence revoked.

As your in no position to take it to Court, I don't think there is anything else that I can assist with - anything said will be speculative.

[redrose281]

Re: Advice needed on how to claim back a large sum of money owed please?

Thank you Amethyst, the debt is 205k. �� I thought he might have a prick of conscience when he was an equal beneficiary of his Parents Estate, but I'm afraid he has no conscience .

[redrose281]

Re: Advice needed on how to claim back a large sum of money owed please?

Thank you ROb, I will reply in full to you when I get home as I'm on my mobile at the moment and I'm painfully slow typing on it.