Recovering a debt from the proceeds of a house sale

Jude57

The woman's solicitor isn't going to chase a debt for you. You'll have to do it yourself because I agree with others, the woman could be telling you anything to get you off her back. If you've done the work and issued an invoice, then whether the woman agrees the money is due isn't relevant. Her solicitor will only act for her as others have said.

A debt collector who will take court action on your behalf is a new concept to me but perhaps Scottish law permits that. Unless you can in some way assign the debt foregoing your rights as a debtor, I'm not sure they'd have standing to sue. In any event, that's likely to cost more than you are owed. If you assign the debt they will likely buy it for pennies in the pound.

Given that the couple have only recently bought the property, it may be that, depending on their deposit, once the mortgage, including any early redemption penalties, is cleared and professional fees are paid, there might not be anything left, whatever the woman is telling you.

In England the woman could instruct her solicitor to give you a written undertaking to clear your bill out of the proceeds of sale but I don't know whether that can be done in Scotland. Even if it can, if there isn't enough to pay you, the solicitor won't provide an undertaking as it's legally binding on the solicitor. And of course, the woman could change her instructions at any time, plus she'd have to get her ex to agree, otherwise it would come out of her share and she'd have to chase him for his part of the debt. It could be worth looking into though. If the woman refuses, you will know there's either no money or no intention to pay you.

It's a shame you've decided against the small claims route as it really is the easiest and cheapest way but you clearly have your reasons.

canaldumidi

user1977 said:

canaldumidi said:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Think you've overlooked that both parties are in Scotland.

May have misunderstood, but: SERVICE WITHIN THE UNITED KINGDOM

Have they left while my back was turned or have I misunderstood the documents....?

user1977

canaldumidi said:

user1977 said:

canaldumidi said:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Think you've overlooked that both parties are in Scotland.

May have misunderstood, but: SERVICE WITHIN THE UNITED KINGDOM

Have they left while my back was turned or have I misunderstood the documents....?

Yes, it's how you serve the claim, but in the first place it would have to be one competent to be raised in the English/Welsh courts - which this ain't.

london21

What is the value of the invoice?
Might need a solicitor to make your claim, likely cost something hence first question.
The lady you have contact with is she a legal owner in the property also? when it is sold surely she will have some money then to pay?

Here can buy title register £3 in the UK to know the named owners of the property but if they recently bought it might not yet be updated.

brianposter

Your reluctance to use the Scottish small claims court seems strange.

My own experience of the local court was that they were dreadful (including telling me incorrectly that I needed to use a solicitor to serve documents), but they presumably improve once you learn not to trust them.