Charge on a property

[loraine40]

An ex boyfriend of mine borrowed in July 2008 £86,000 from me (I had a further advance on my mortgage) this he was meant to pay back in two months but the recession hit and he couldn't do this, we split last Sept 09 and since the split he has become increasingly nasty towards me. He has also changed his phone number and won't let me have his new one so the only way I can contact him is through email. He was supposed to pay me back as soon as he had sufficent funds, I have a letter which he has signed stating this. I have just heard he has purchased 4 horses adding up to £70,000 so he could have paid me back. He has nearly finished building some luxury apartments, they will be for sale at the end of this month. I would like to know if I can put a charge on these apartments so make sure I am paid back from the profits after the bank are paid there money back first?

[ummmm]

A letter? From a solicitor?

[redcrx]

with the signed letter cant you take him to court?

I think youd need a judgement for something like that, what if the apartments are owned by a company rather than him.

[loraine40]

The letter is a letter he wrote to my council tax officer as I lost all benefits when the money went into my account before I paid him, my ex wrote the letter to try and tell them the money was a loan, it says I am writing to tell you (Me) loaned (him) the money in July 2008 and was paid to him over various dates in July and August and I will pay back the money to her as soon as I can, bla bla bla, he has signed the letter, I also went to court for him and had to give in a sworn afidavit which was signed by his solicitor, this also states I loaned him the money.
The apartments are in him company name, he is the only shareholder in the company.

[redcrx]

limited company then? and you loaned him, not the company?

definately get a solicitor onto this.

[loraine40]

Yes his company is Limited.
I will arrange to see a solicitor then as I can't afford to lost this sort of money

[redcrx]

you cant take a charge on the limited company as thats not who you lent the funds to as far as i can see.

[ummmm]

I can't believe that someone would hand over nearly 90k without a proper legally binding contract.

[loraine40]

yes I know I was completely stupid, let love rule my head and honestly trusted the person, I wasn't expecting him to not pay me back, I truely know I did a very stupid thing but telling me off doesn't help, just makes me want to curl up on the floor again and cry, you can't imagine the hurt I am feeling, yes I was a mug!

[redcrx]

neither can i, but sounds like someone does
it seems very complicated, what with all the benefit stuff and going to court "for him" as well.

[ummmm]

I'm not telling you off. You are going to have to get a solicitor though.

[loraine40]

Just booked to see one on Wednesday.

[redcrx]

good luck. It may be worth you getting a list together of what you think your ex owns himself ie own home, possibly the horses etc.

[bednobs]

I think you've shot yourself in the foot a bit with the "pay back when i can". He says well i had 70k but i didnt have the 86 k so i couldn't pay her back then. He could quite easily make it so that there is never a situation "when he can".
Mind you, my entire legal knowledge comes from watching judge Judy

[redcrx]

sorry to go off topic here, but bednobs how are you doing? update on other thread?