Private Loan

ironlady2022

Me and my then husband had a joint mortgage. His Dad paid off the remainder around £114k and the agreement was to pay him £660pm for 15 years interest free. This term was also the same if we were to continue with our mortgage at the time. No official paperwork was drawn up or signed. 

His Dad sent monies to his Son's sole account to pay off the joint mortgage. The house has no charge against it. 

During separation and the divorce proceedings, his Dad had threatened to recall the loan to scaremonger me. If I knew in the beginning he was going to do this, I would not have agreed. Even a bank would not do this as we always paid on time. 

He is a retired Solicitor, use to be a judge (not in the UK). So he closes his word very carefully. 

The divorce is done now and as part of this, I bought the ex's half out. And asked as part of the consent order, for him to pay off his half of the loan to his Dad - he emailed to confirm this was done. 

I continue to pay my half of £330pm. I have every intention to pay it. I owe around £50k

Last year, as his Son lost his job, I received no child maintenance and had asked his Dad for a reduction. We agreed on £200 with a review in Dec 2022 (12mo). Looking at the email chain that we agreed, he withheld his right to review this before the 12mo is up. 

His Son has been working since Jan and has been ordered to pay CM. And his Dad has suddenly got in touch 'demanding' I go back up to £330pm and pay the 'arrears' in 3 instalments. It is short notice but I accept this was going to happen. 

The only thing I do not accept and find bullish is that he mentions he withholds his rights to 'recall the whole amount' at once. I find this disturbing and threatening. 

Before I seek legal advice, I wanted to ask in here, what are my rights exactly? I've never missed a payment so feel he has no grounds to add these things in, to keep reminding me he can do this at anytime.

The truth is, he's probably kicking himself given his background to not have put it in writing and he thinks repeating the same things means I agree. Which is incorrect. 

My next move is to confirm the schedule of payments and to ask him to never email me again and to stop his threatening emails. I've never called him out and I'm sick of being seen as weak. His email sounded angry and feel my ex husband is fueling this behind the scenes. 

martinbainbridge1975

Have you got email trails or documents about the whole agreement for the 114k loan and subsequent agreements?

If there are no documents it is all hearsay and potentially not legally binding 

Look at getting a mortgage and buy him out and get rid, yes there will be interest involved but also there is a principle as the bloke is clearly a waste of oxygen.  

Also take legal advice - if you have home legal protection on your house insurance this gives access to a legal helpline which maybe worth a call

ironlady2022

martinbainbridge1975 said:

Have you got email trails or documents about the whole agreement for the 114k loan and subsequent agreements?

If there are no documents it is all hearsay and potentially not legally binding 

Look at getting a mortgage and buy him out and get rid, yes there will be interest involved but also there is a principle as the bloke is clearly a waste of oxygen.  

Also take legal advice - if you have home legal protection on your house insurance this gives access to a legal helpline which maybe worth a call

I believe my ex sent his Dad an email to thank them for paying off the mortgage. 

There's probably an email from me to say it's this amount for so many months. It would be as simple as this. 

It is £50k of interest free money, which i get where you are coming from. My next email should put it to bed. 

I like the idea of getting the legal advice through home insurance, this is a genius idea and believe I can get it through work too. 

Thank you so much for your input and suggestion.