Enforcing a Charge against a property

Rach_39

Hi,
My friend was awarded a lump sum payment of £15k in 2007 which was to be payable by her ex-husband when the youngest child reached 17. There was a charge registered on the property at the time and the money should have been paid to her 2 years ago but her ex-husband has made no effort to pay at all and he was hoping she would forget about it.
The value of the property at that time was £165k and she only wanted £15k despite having been married to him for 14 years but she didn't want him to have to sell the house that their children were living in. They split up 10 years ago and she walked away with nothing and could easily have applied for 50% of the £100k equity but all she wanted was £15k.
He is working and has a good job so could easily afford to get a loan for this amount but he is deliberately being awkward because he still feels bitter 10 years on.
She has sent a further solicitors letter telling him that the matter will go back to Court if he doesn't pay and he has phoned the solicitor to say he's not going to pay!
What is the best way to proceed with this without the cost of Solicitors being involved?
If she has to go to Court what sort of costs are involved and can a claim for costs be made against him on the basis that if he had paid the Court action would not have been necessary?
Any assistance you can offer would be fantastic.
Rach

Thrugelmir

Rach_39 wrote: »

If she has to go to Court what sort of costs are involved and can a claim for costs be made against him on the basis that if he had paid the Court action would not have been necessary?

Speak to a a solicitors to obtain an estimate of costs.

As the agreement and charge is in place. There is no grounds for non-payment so the judge will find in your friends favour. So all costs will be recoverable.

A court summons claiming the money should get the ex to take action!

Rach_39

Thanks for the advice Thrugelmir.