Court order to force house sale query

meer53

ivebeenknocked wrote: »

Well its a long story but lets just say that once I'm a little bit further down the line with this, then I will disclose everything about this sorry story and then you can all make up your own minds if you was in the same situation, would you do the same thing as me? For instance, if you asked your girlfriend to marry you, you wouldn't ask for a pre-nup as well..

That depends..........

heathcote123

meer53 wrote: »

Why would you loan someone 40k without some sort of security ? I wouldn't, doesn't matter how well i knew them. You must have known them quite well, and had the money spare to offer to do this, it's a shame that you now don't care that they might be made homeless.

Care? - I'd find out which bus stop they were sleeping in & p1ss on their sleeping bag.

pauletruth

if they were asking for 40k to wed them then i would, not that i have 40k or the wife would be very happy with the second wife idea.
but even if it was a near relative you must have asked what if. If it is a near relative how is this going to effect the family. cant you just stop at the charging order and get the cash when they sell up.

garth549

Well there may be some hope if you have a CCJ. You can get an attachment of earnings order (assuming they have a job). This forces the employer to deduct a sum from their salary to service the debt. How much you would be able to get I don't know though.

ivebeenknocked

The thing is I don't expect the debtor to sell up anytime soon so I could be waiting indefinitely for my money, they would try to hang on to their precious 3 bedroom house just to spite me, and the attachment of earnings is a waste of time for a sum as big as mine.

paddyrg

Personally I think that the forced sale is the best route to chase - if it is just one person in a 3-bed house, it would seem unlikely that it would be considered a suitable-sized property when there are 1-bed flats around.

pauletruth

would the courts need to be convinced that they were failing to make payments. your going from an unsecured un document loan to a secured loan being forced to sell there home. you have a share of the blame for not getting the loan sorted properly. yes secure your money but don't use it to punish people it will end up with you losing in the long run.

ivebeenknocked

I wonder how many of you would ever lend a family member money if they were in trouble and if so, would you demand a written contract. Of course you wouldn't, its your family member right, they're not going to run away? Well the facts are simple, I lent 40k and gave them 4 years to pay me back, 6 years has gone by and I haven't received one penny back, so what am I supposed to do, am I supposed to do nothing about it then? And please don't tell me that money isn't everything, I can't pop into Tesco and do my shopping and then get to the check-out and tell the girl "money isn't everything". Its like your saying that people who don't secure their money deserve to get knocked.

billybraggtastic

ivebeenknocked wrote: »

I wonder how many of you would ever lend a family member money if they were in trouble and if so, would you demand a written contract. Of course you wouldn't, its your family member right, they're not going to run away? Well the facts are simple, I lent 40k and gave them 4 years to pay me back, 6 years has gone by and I haven't received one penny back, so what am I supposed to do, am I supposed to do nothing about it then? And please don't tell me that money isn't everything, I can't pop into Tesco and do my shopping and then get to the check-out and tell the girl "money isn't everything". Its like your saying that people who don't secure their money deserve to get knocked.

You have come to this forum for advice - there is no need to vent your spleen at those who are responding.

You have an appalling situation which you are trying desperately to resolve and the advice on here, from my limited capabilities, sounds fair.

We can all be wiser with hindsight, but a quick search on this web site will raise countless examples where lending to family and friends has resulted in situations similar to yours.

By all means be angry but channel it towards those that merit it.

Cyril

ivebeenknocked wrote: »

I wonder how many of you would ever lend a family member money if they were in trouble and if so, would you demand a written contract. Of course you wouldn't, its your family member right, they're not going to run away? Well the facts are simple, I lent 40k and gave them 4 years to pay me back, 6 years has gone by and I haven't received one penny back, so what am I supposed to do, am I supposed to do nothing about it then? And please don't tell me that money isn't everything, I can't pop into Tesco and do my shopping and then get to the check-out and tell the girl "money isn't everything". Its like your saying that people who don't secure their money deserve to get knocked.

Family are the worst culprits, both parties have been stupid, you for lending the money in the first place and them for admitting to a judge it was a loan. If they had argued the toss and said it was a gift you wouldn't have a leg to stand on.