owed money please help advise

in Loans
9 replies 1.4K views
Hi i will try to make this quick and brief my very good friend and his wife borrowed a lot off money of me a few years ago to put down on a house he was paying me back as selling and leaving country to live he has sadly died passed away last year his last words to his wife was to pay me back from the proceeds of the sale of house every thing was going well with his wife paying me back but now house ha s nearly sold she has gone selfish and wants to run off abroad without paying me back please help as i am on borrowed time thanks.

Replies

  • dealer_winsdealer_wins
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    Chances of you getting your "gift" back, next to 0 im afraid.
  • edited 28 September 2018 at 10:28AM
    sourcratessourcrates Forumite, Board Guide
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    edited 28 September 2018 at 10:28AM
    Hi,

    What “help” are you expecting from this forum exactly ?

    If you hold a consumer credit licence and have a CCA regulated credit agreement to show this person owed you money, you could take this matter to court in an attempt to get something from the deceased persons estate.

    Otherwise this debt died with your friend, liability for debt does not pass between individuals, makes no difference in law what the deceased’s wishes were, his wife is not liable for the debt.

    Sorry to be the bearer of bad news.
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  • edited 28 September 2018 at 7:39AM
    CKhalvashiCKhalvashi Forumite
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    edited 28 September 2018 at 7:39AM
    It’s is almost certain this would have been signed off as a gift on giving it, so if you’re insistent on getting it back, the worst case scenario would be the bank pursuing a fraud conviction against both yourselves and your friend.

    Unless you have it in writing that this is a loan, there’s not a chance. Sadly another thread to remind people not to ‘lend’ what they can’t afford to lose.....
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Please note: All posts on Coronavirus legislation refer to England unless specified otherwise.

    I can spell, my iPad can't.
  • nic_cnic_c Forumite
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    CKhalvashi wrote: »

    Unless you have it in writing that this is a loan, there’s not a chance. Sadly another friend Tom remind people not to ‘lend’ what they can’t afford to lose.....
    Is that an auto-correct error :rotfl:

    If you lend friends money with purely a verbal agreement, then you have to be able to afford to lose it, as its your word against theirs.
    Even if you did get them to sign a contract, no guarantee you will be repaid. If they don't you could make a legal claim, but that's extra costs and even if awarded in your favour they still may decide not to pay.
  • TonyMMMTonyMMM Forumite
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    His wife is not personally responsible for the debt, but his estate may be.

    However, that would depend on there being some record or other evidence of the loan existing and being outstanding. If you signed anything at the time to confirm that it was a gift (as is commonly required in house purchases) then you will struggle to prove otherwise. Do you have bank statements that show a record of repayments being made to you for instance ?

    Your legal route would be first to send a letter to the executor of the estate formally notifying them of the existence of the debt against the estate and the amount owing.

    Should they refuse to acknowledge the debt exists, or just refuse to pay, then court action may be required.
  • CKhalvashiCKhalvashi Forumite
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    nic_c wrote: »
    Is that an auto-correct error :rotfl

    Yes it is, I have corrected it. :cool:
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Please note: All posts on Coronavirus legislation refer to England unless specified otherwise.

    I can spell, my iPad can't.
  • -taff-taff Forumite
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    Depdning on how much is left, as you can evidence payments by your friend you could try the MCOL route. although if his wife is going to go abroad, you'd better hurry up....
  • I love these posts. It’s not even real it’s just a troll.
    No real info and just here to cause a windup and debate between users!
  • ThriceThrice Forumite
    159 Posts
    I love these posts. It’s not even real it’s just a troll.
    No real info and just here to cause a windup and debate between users!
    I don't know why you would think it was a troll? The man used his dying words to his wife to say 'Pay Slatepeck back', someone wouldn't just make that up! :rotfl:
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