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Debt owed by partners parents to us

Last post Tue, Dec 23 2008, 9:46 PM by conmankiller. 4 replies.
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  •  Tue, Dec 23 2008, 9:01 PM

    Debt owed by partners parents to us

    In 2005 my partner (who was a student at the time) lent her parents approx £2500. This was not cash it came from her credit card.... @27.9% APR. They had agreed to pay her back at £200 a month. In Sept 2006 I was getting a loan for something else and decided to help my partner clear her card as I was borrowing the money at 6.3% APR. We have only had approx £600 in payments back from the parents.

    The story goes that I have worked out with the lack of payments there is approx £4100 outstanding. They are not making any attempt to pay this back and whilst still spending on luxuries are very close to toppling over the edge financially.

    They have no spare cash and are getting deeper into debt each month. The father has 3 separate charges in his sole name against the jointly owned property, none of these mention the mother by name. Think there is still a little bit of equity left at this stage.

    As I paid the debt off am I entitled to chase the parents for this money?

    Can I pursue the mother for the money by way of at least putting a further charge against their property against her beneficial interest in said property?

    We have no worries about causing a family argument.

    Any advice appreciated at this stage.

    • Post Points: 20
  •  Tue, Dec 23 2008, 9:17 PM

    Re: Debt owed by partners parents to us

    As I paid the debt off am I entitled to chase the parents for this money?

    Can I pursue the mother for the money by way of at least putting a further charge against their property against her beneficial interest in said property?

    Not without a written and signed legally valid agreement, without this it would be deemed as a gift. You would also need a court order to place a charge on someone's property without their permission.

    • Post Points: 35
  •  Tue, Dec 23 2008, 9:36 PM

    Re: Debt owed by partners parents to us

    Does a written acknowledgement of the debt between my partner and her parents constitute a legally valid agreement if it is not independently witnessed?

    Unfortunately all the payemnts received back from them have been cash and my partner only wrote them in a notebook with dates received.

    • Post Points: 20
  •  Tue, Dec 23 2008, 9:37 PM

    Re: Debt owed by partners parents to us

    PS. thanks for your prompt reply.
    • Post Points: 5
  •  Tue, Dec 23 2008, 9:46 PM

    Re: Debt owed by partners parents to us

    nelly1974:

    Does a written acknowledgement of the debt between my partner and her parents constitute a legally valid agreement if it is not independently witnessed?

    Unfortunately all the payemnts received back from them have been cash and my partner only wrote them in a notebook with dates received.

    Not necessarily, it would have to be signed, witnessed and dated and carry the repayment amounts and over how long the loan has been agreed, also at what interest rate if applicable. Without these terms it could be left open and to suggestion that the recipient was to repay whenever, or even if they were able to in the future....therefore not legally binding.

    • Post Points: 5