Legal Help...

[appydaze]

she sells
I am owed £15,000 by my ex stepdaughter. Its been 3 years and she has said she cannot afford to pay me back until she sells her house.
She has had 3 years and has not put it up for sale despite going on holidays to Jamaica etc.
I am public enemy no.1 and almost hated because I asked her to pay me back.
My question is can I put a charge on her house without getting a court order? Thanks

 

[Otter Spotter]

she sells
I am owed £15,000 by my ex stepdaughter. Its been 3 years and she has said she cannot afford to pay me back until she sells her house.
She has had 3 years and has not put it up for sale despite going on holidays to Jamaica etc.
I am public enemy no.1 and almost hated because I asked her to pay me back.
My question is can I put a charge on her house without getting a court order? Thanks

I suspect that you would need to have had some form of loan contract which you can show a Solicitor to evidence the deal. Best you talk to a solicitor as there will be a formal legal process to follow before the charge can be applied. If you do decide to go ahead, make sure you talk to her and let her know reason for the charge and why you need to protect your debt.

 

[Aspenshaw]

Go to a solicitor. If you rely on the advice of the 'non-professional' you run the greater risk of losing the money.

There are a lot of facts to come out before anyone can give you the right advice.

 

[Ingwe]

The short answer is no, you cannot put a charge on her home. But what you can do however is to register a notice against the property. If she is says she can’t pay you until she sells her house then she may agree to applying to the land registry to register a notice. Whilst this isn’t really securing your loan, it does mean that when she comes to sell the house, the purchaser will want that notice removed and you’ll only agree to that if you get your money back.
If she doesn’t agree, you can enter a unilateral notice without her but the land registry will write to her and she may object. If so, you may need to satisfy the Land Registry that you’re entitled to the notice.
A slightly better ‘security’ if she agrees, is to enter a restriction over the land at the Land Registry. A restriction prevents the property from being sold without the consent of the beneficiary or without some evidence that a specified action has been performed. In terms of securing your debt the restriction would require your consent to the sale and that consent would not be granted unless the debt was repaid. But you would need her consent.
Neither notices nor restrictions give perfect security as it possible for notices to be removed without the beneficiary’s consent in certain circumstances.

I’d consult a solicitor as others have suggested but it’s always awkward when it is former family or a friend who owes the money.

 

[PP Bear]

I don’t think you’re going to get your money back. My brother has been through similar and just gave up in the end, as they’ll just tell you want you want to hear and lie, it’s what happened to him with step kids.

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[kevenh]

brining advice to one place: Broken Link Removed

 

[Silver-Fox]

I don’t think you’re going to get your money back. My brother has been through similar and just gave up in the end, as they’ll just tell you want you want to hear and lie, it’s what happened to him with step kids.

As the saying goes, never lend to friends or family.
It won’t turn out well, never does.


Also never a lender or borrower be

 

[Otter Spotter]

As the saying goes, never lend to friends or family.
It won’t turn out well, never does.


Also never a lender or borrower be

I can confirm that, I lent my daughters boyfriend and father to 2 boys a similar amount for him to buy a business. He made regular repayments until they split up and nothing since. As he has no real assets of his own I have had to write it off. Still owed around £12,000 which I will never see again.

 

[PP Bear]

I can confirm that, I lent my daughters boyfriend and father to 2 boys a similar amount for him to buy a business. He made regular repayments until they split up and nothing since. As he has no real assets of his own I have had to write it off. Still owed around £12,000 which I will never see again.

Ouch

 

[62272]

That is a griefy situation, I dont envy you.

My experience in taking civil court proceedings is that you will need to obtain a judgement (or judgement in default) first, and then the charge on the house issue is how you can attempt to enforce the debt.

Provided you gain the judgement, and she doesnt agree to paying you, and she subsequently goes to sell the house (with equity) then you should be able to recover the debt plus costs.

Best of luck.

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[iandsm]

she sells
I am owed £15,000 by my ex stepdaughter. Its been 3 years and she has said she cannot afford to pay me back until she sells her house.
She has had 3 years and has not put it up for sale despite going on holidays to Jamaica etc.
I am public enemy no.1 and almost hated because I asked her to pay me back.
My question is can I put a charge on her house without getting a court order? Thanks

I can see your dilemma but I wouldn’t be asking for advice here. See a qualified professional.

 

[pappajohn]

County court action.
If it's still not forthcoming, if you win, you can escalate to the law courts for a ruling then you'll get your money one way or another and she gets a judgement against messing up her credit score.
Don't feel guilty for doing it, she's not exactly feeling guilty