News1 min ago
recovering money owed to me
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I loaned a friend a large sum of money, 4 years ago he has recently sold his house to pay off debts and i am having trouble contacting him. think he is avoiding me. I tried the legal route ie.a charge on property but it was a personal debt so could not. had solicitors involved all to no avail is there anything or anyone i can get advice from,i do have it in writing fro him that he intends to pay money back.
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Who advised you that a personal debt could not become a charge on the property? I know it can be, because I've done it, but that was by agreement with the other party.
Even if he didn't agree you could presumably have gone down the route of going to Court and getting a CCJ. If he then did not comply with the Court ruling you could have asked the Court for a charging order.
If a solicitor was involved and did not fully advise you on this, you might possibly have a claim against them.
However, unless you can find out he has bought another house the charging order route is now closed to you, but you could still go to Court for a CCJ and ask the Court to order payment forthwith as you know he has just sold a house. Your problem may be finding him, if you don't know where he is now living.
The solicitor you are using should be able to advise you on all this, or you could try the local CAB.
Even if he didn't agree you could presumably have gone down the route of going to Court and getting a CCJ. If he then did not comply with the Court ruling you could have asked the Court for a charging order.
If a solicitor was involved and did not fully advise you on this, you might possibly have a claim against them.
However, unless you can find out he has bought another house the charging order route is now closed to you, but you could still go to Court for a CCJ and ask the Court to order payment forthwith as you know he has just sold a house. Your problem may be finding him, if you don't know where he is now living.
The solicitor you are using should be able to advise you on all this, or you could try the local CAB.
Themas.....Thank you for yoyr answer, it was very interesting especially as it was a solicitor advising me. He was on my case for 18 months and done absolutely naff all at the end of the day except get paid !Iwas advised to not make him bankrupt but to put a charge on his property . At the end of 18 months it seemed I could not do this . I have tried to re contact this solicitor since my "friend" sold his property but he also seems to be avoiding me ....is it something i said !!!!! But following your reply I will try again tomorrow and also gather info on ccj s. Once again thanks someone actually told me something useful !
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