Advice regarding loan

chirine123

So am posting as giving advice to a friend who is in the following situation.
Her husband borrowed several times money from his aunt every time he borrowed at least £10.000 and above over several years. Now he always has promised to pay her back and she has always said no worries she is not in a rush to get the money back.
Now for different reasons that I dont want to get into as they are personal and have no legal standing she has stated to someone else in the family that she wants to take him to court to get her money back and she has calculated a random sum of £48.000 interest on top of the money he owes her. My question is firstly can she take him to court without any written agreement between her and my friends husband about this loan ? And she only has a few transactions from her account to his as a proof with one or two receipts of larger payments she made but no where it is stated that it was a loan. Also the interest was never agreed so how can she ask for that ?


My girlfriend wants her husband to transfer his property into her name as she believes that his aunt cant come after him if he has no assets.

He wants to pay his aunt back but not by being kicked out of their property they also have a small child.


thanks for any advice that i can pass on

Tixy

She can certainly take him to court to try to obtain a CCJ against him - whether it would be granted would depend on her being able to satisfy a judge as to how much was borrowed and that it was a loan rather than a gift (might she have anything like emails / texts from him referring to them being loans or offering any repayment etc).

Even if she can convince the judge these were loans if there was not written agreement then its unlikely a court would allow her to charge any interest on the loan.

I doubt a transfer of property would be necessary. Even if she gets a CCJ he can ask to pay in installments at a rate he can afford. She won't just be able to take his property from him that his family live in.
Even if she gets a charging order (if he doesn't keep up with the payments on the CCJ), forced sale charging orders are exceptionally rare, instead the charging order would simply mean that when the house is sold she would be paid out of any equity there is in the property. (If he had several properties or he and his family did not live in his property a forced sale from a charging order is slightly more likely).

RichGold

chirine123 wrote: »

any advice that i can pass on

You could tell him to stop ripping-off his Aunt.

chirine123

Thank you Tixy I will pass the message on.

CHR15

chirine123 wrote: »

My girlfriend wants her husband to transfer his property

I had to read that a few times before I understood :rotfl::rotfl: