How do I sue an estate?

k1333333333

I lent a friend money who has since passed away. She died 4 years ago. Her husband got in touch with me after she died and messaged me to reassure me that I would be repaid what I loaned. He has paid about 75% back, that was paid in the first two years after she died. But there is £4000 outstanding. He is being very vague with when he is going to lay this back and is prioritising other repayments. I am in desperate need to be paid back. My friend who died had a number of properties to her name so all the money is tied there, these are being rented out for income which is what the husband and kids are living off. I strongly believe they could make small repayments back to me and I’d prefer this to just waiting and not knowing when I will be repaid.

I understand I can make a small claims but I have no idea how to go about this. Whose name do I put on the forms. Is there a guarantee to getting my money back? The risk is I could annoy the husband and if I lose I have no chance of getting money back. I can’t go through solicitor cuz they’ll just eat through that owed amount quite easily. 

I have plenty of text interactions reassuring me I will be repaid. I have a text from my friend reassuring I will be repaid if she died (she was terminally ill) 

I am just a bit lost when it comes to filling out the paperwork for it all. 

Any advice will be so helpful 

Keep_pedalling

The first thing you need to do is send the husband / executor a letter before action. This should request that your require the outstanding amount to be repaid within a certain time frame or you will be taking legal action to recover the outstanding amount. 

Hopefully that will get them to pay up otherwise you will need to submit a claim.

https://www.gov.uk/make-court-claim-for-money

Do you have any evidence that you made the loan such as a loan agreement? If not things will be difficult.

molerat

Do you know who the executor of the estate is ?

That is who you contact in the first instance.

Do you have any paperwork to show the loan agreement ?

fatbelly

k1333333333 said:

I lent a friend money who has since passed away. She died 4 years ago. Her husband got in touch with me after she died and messaged me to reassure me that I would be repaid what I loaned. He has paid about 75% back, that was paid in the first two years after she died. But there is £4000 outstanding. He is being very vague with when he is going to lay this back and is prioritising other repayments. I am in desperate need to be paid back. My friend who died had a number of properties to her name so all the money is tied there, these are being rented out for income which is what the husband and kids are living off. I strongly believe they could make small repayments back to me and I’d prefer this to just waiting and not knowing when I will be repaid.

I understand I can make a small claims but I have no idea how to go about this. Whose name do I put on the forms. Is there a guarantee to getting my money back? The risk is I could annoy the husband and if I lose I have no chance of getting money back. I can’t go through solicitor cuz they’ll just eat through that owed amount quite easily. 

I have plenty of text interactions reassuring me I will be repaid. I have a text from my friend reassuring I will be repaid if she died (she was terminally ill) 

I am just a bit lost when it comes to filling out the paperwork for it all. 

Any advice will be so helpful 

You have to know the name and address of the executor or personal representative.

Then you start a claim in the normal way against Joe Bloggs executor of .....

https://www.moneyclaim.gov.uk/web/mcol/welcome

k1333333333

Do you have any paperwork to show the loan agreement ?

I don’t have any formal paperwork. I have text messages. 

k1333333333

You have to know the name and address of the executor or personal representative.

I believe the husband is the executor. How do I confirm for sure? 

k1333333333

Do you have any evidence that you made the loan such as a loan agreement? If not things will be difficult.

I have text messages from husband stating I lent his wife money and he will be paying me back and I have bank transfers of the money he has repaid and further text messages after this date to confirm he will pay the rest. 

Olinda99

k1333333333 said:

You have to know the name and address of the executor or personal representative.

I believe the husband is the executor. How do I confirm for sure? 

the will is public so get a copy the executor(s) should be named

Brie

k1333333333 said:

Do you have any evidence that you made the loan such as a loan agreement? If not things will be difficult.

I have text messages from husband stating I lent his wife money and he will be paying me back and I have bank transfers of the money he has repaid and further text messages after this date to confirm he will pay the rest. 

Texts from the husband don't really confirm too much in my opinion though it would be ammunition should it get to court. And just because someone has a lot of property doesn't mean they have/had money.  The fact that she was borrowing from you suggests things may have been tight.  

k1333333333

Texts from the husband don't really confirm too much in my opinion though it would be ammunition should it get to court. And just because someone has a lot of property doesn't mean they have/had money.  The fact that she was borrowing from you suggests things may have been tight.  

I always thought a legal binding contract was required in this sort of thing but small claims online states text messages and witnesses is enough. 

Brie

k1333333333 said:

Texts from the husband don't really confirm too much in my opinion though it would be ammunition should it get to court. And just because someone has a lot of property doesn't mean they have/had money.  The fact that she was borrowing from you suggests things may have been tight.  

I always thought a legal binding contract was required in this sort of thing but small claims online states text messages and witnesses is enough. 

Yes but text messages are that the husband is commenting on what his wife owed you.  You should see if you can find something that was between you and the wife and then the messages from the husband can follow on from that.