Not sure if this is the right place for this

cococoladebt

In 2009 my father helped his brother by putting up £180k towards recovering one of his repossessed houses (stupid mistake). My father has only received half that back and after so many requests of the remaining money they have yet to pay my father back fully - they can easily sell one of their properties to pay us back, and stop living a luxury lifestyle.

If worst comes to worst and they don't re-pay the money or if god forbid my father passes away, could I take them to court (via money claim online) and try to recover the money or take their assets away or make them bankrupt?

It's rather a sensitive topic as family is involved and my father has probably resigned to losing all that money.

Thanks for your advice in advance.

TonyMMM

Is there anything in writing to record that the loan was made, or the debt acknowledged - and on what terms.

The debt could form part of your father's estate if not paid before he dies, but enforcing it may be a problem (e.g. your brother could claim it was a gift)

zppp

Was there any form of wirtten agreement for the loan between them?

cococoladebt

There never was a written agreement, only a record on the bank statement. There were no terms, just the verbal remortgage the property and get the money back, but after paying all the costs and other people there was nothing left.

Clive_Woody

cococoladebt wrote: »

In 2009 my father helped his brother by putting up £180k towards recovering one of his repossessed houses (stupid mistake). My father has only received half that back and after so many requests of the remaining money they have yet to pay my father back fully - they can easily sell one of their properties to pay us back, and stop living a luxury lifestyle.

If worst comes to worst and they don't re-pay the money or if god forbid my father passes away, could I take them to court (via money claim online) and try to recover the money or take their assets away or make them bankrupt?

It's rather a sensitive topic as family is involved and my father has probably resigned to losing all that money.

Thanks for your advice in advance.

You would need to prove the debt existed firstly. Moneyclaim online has an upper limit of around £3k I think.

somethingcorporate

cococoladebt wrote: »

There never was a written agreement, only a record on the bank statement. There were no terms, just the verbal remortgage the property and get the money back, but after paying all the costs and other people there was nothing left.

Then no, there is nothing you can do to enforce this.

The default position without evidence to the contrary (a written contract etc) is that this was a casual arrangement (a gift) and not a contractual based one.

Sorry that is not the news that you want to hear.