non patment of a load to me

[seaboots]

I lent my daughter �50.000 in December 2002 to buy a house she started paying it bacjk in June 2005 till August 2006 but has stopped paying she still owes me �23000.00 how can i recover this as she is refusing to pay me

[dzug]

Take her to court.

[factor-fiction]

I know someone who did that and won a court order but the daughter still refused to pay. It just went on an on- teh only winners were the lawyers

[dzug]

The other thing you may be able to do is put a charge on the house - so she won't be able to sell it without a court order.

Not sure how easy it is for an individual to do this though.

[WendyS]

I guess there's a tough lesson here and that is not to trust anybody, even your own family, which is a hard situation to accept. Did you draw up a legal agreement with her or was it a totally informal arrangement? If you have nothing in writing she could easily claim that the money was a parental gift. If it's vitally important that you reclaim the money above family relationships, then I suggest you consult a solicitor who may either be able to implement a charge on the house, or serve her with an order to pay.

[Pippa68]

The daughter may well try and claim it was a gift..however she would then have to explain why she was paying money to her mother on a regular basis...of course this is only true if mum has kept receipts and/or proof of payments in either standing order or direct debits.

If reclaiming the money is important to you (and I totally understand if it is) arrange a meeting with a solicitor. A charge put on her property may be the only way forward if she is refusing to pay. Other than that, the court may order an attachment to earnings ~ she won't be able to get out of that one either.

[themas]

If the daughter won't agree to a charge or attachment of earnings order (& I guess she won't), I think the only way to get one is first of all to go to Court and get a CCJ for the outstanding amount. Hopefully, the Court would make an order which the daughter could not comply with (such as forthwith payment of the full amount) & this would allow an enforcement order to be requested from Court for either attachment of earnings or charging order.

BUT, if the CCJ order is something the daughter complies with (such as to pay �10 per month) then nothing more can be done unless she fails to make a payment or is late making it.