Any legal eagles here. Advice needed.
22 April 2003, 11:20 AM
#1
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My wife is owed a very substantial sum from her ex partner. She inversted a sum in his house when he bought it (Paid the deposit)
She has a "Charge" on the deeds that protects her investment but unless he sells the house of gets it repossesed then he isn't wanting to pay her.
My questions are:
1. Can she take him to court and force him to pay his debt to her?
2. Can she add interest/appreciation that the property gained in the last 4 years?
3. What can she do to recoup her investment?
Cheers in advance.
She has a "Charge" on the deeds that protects her investment but unless he sells the house of gets it repossesed then he isn't wanting to pay her.
My questions are:
1. Can she take him to court and force him to pay his debt to her?
2. Can she add interest/appreciation that the property gained in the last 4 years?
3. What can she do to recoup her investment?
Cheers in advance.
22 April 2003, 11:34 AM
#2
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It all depends upon whether or not he has defaulted on any agreed repayment of the sum.
If he has, then she can (subject to the charge - a security - being drafted in normal terms) issue a calling up notice which will, if the debt is not paid at that point, allow her to enter into posession and force a sale of the house from which she will be paid after deduction of sums due to any prior chargeholders (usually any mortgagor).
Basically in the same way the issuer of a mortgage may take posession and sell your house if you don't pay the mortgage.
If, however, there are no agreed repayment terms of which he is in breach, there is not a lot she can do.
Was there an agreed repayment term? For example on the braek up of the relationship? or was it a loan for life, sort of thing?
D
If he has, then she can (subject to the charge - a security - being drafted in normal terms) issue a calling up notice which will, if the debt is not paid at that point, allow her to enter into posession and force a sale of the house from which she will be paid after deduction of sums due to any prior chargeholders (usually any mortgagor).
Basically in the same way the issuer of a mortgage may take posession and sell your house if you don't pay the mortgage.
If, however, there are no agreed repayment terms of which he is in breach, there is not a lot she can do.
Was there an agreed repayment term? For example on the braek up of the relationship? or was it a loan for life, sort of thing?
D
22 April 2003, 11:49 AM
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Duh, guess not from your post 
Right,
get a solicitor to issue a default/calling up notice stating:
Original repayment terms have been breached and giving him 7 days to pay the whole thing.
You'll need to get a solicitor to have a look at the letter, etc and the terms of the charge to see what can be done thereafter if he doesn't pay.
D
Right,
get a solicitor to issue a default/calling up notice stating:
Original repayment terms have been breached and giving him 7 days to pay the whole thing.
You'll need to get a solicitor to have a look at the letter, etc and the terms of the charge to see what can be done thereafter if he doesn't pay.
D
22 April 2003, 11:50 AM
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No, he has given her £100 here and £200 there and so far has paid about £1000 in the last 6 months. She has approached him as asked him to pay £500 pm on a regular basis and he agreed.
he then calls and says that he has no cash or he can't get it for another few days and then nothing.
She is really pi55ed off now and just wants to retrieve her money so that she no longer has to have any contact with him.
he then calls and says that he has no cash or he can't get it for another few days and then nothing.
She is really pi55ed off now and just wants to retrieve her money so that she no longer has to have any contact with him.
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