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I want to put a Charge against a neighbour's property
Last year I foolishly lent a debt-ridden neighbour �4,300, to give her time to clean up her home & either sell it or get equity release. I kept photocopies of the cheques I wrote on her behalf & got her to countersign these copies. After several months it finally dawned on me that she wasn't willing - or possibly able, given her alcoholism - to do any of what she'd talked about.
In Dec 06 I threatened to take her to the Small Claims Court. To avoid this, she confirmed to me in writing both that she owed me this money and that she'd pay me �20 pm as a repayment. I accepted this amount as an interim gesture as she said she was still working on getting equity release. She has �800pm income & owns her home, but she's now very overdrawn again & debtors are circling for payment.
At the current rate she's repaying me it'll take 17 years to pay me back! She refuses to answer her door so I sent her a letter this month asking for �50pm. Her reaction was not to pay me at all. I suspect she now considers me another of her debtors whom she's ignoring, but I can't be certain yet that she's defaulting.
In summary, I want out of this drip-feed of tiny repayments so I can move on with my own life. Not least I want to move out of the area, and I can't see her sending me cash in the post each month (I won't take cheques from her as I know they'd bounce). Once I move I won't know if she's died or sold up, and I can see me never getting my money back as the estate would be settled without my knowledge.
I'd like to go to the Small Claims Court and get a charge put against her property, but I don't know if I've shot myself in the foot on this by previously agreeing to take �20pm as an acceptable repayment. I'm also anxious that the court might note her alcoholism & find in her favour. I'll talk to the CAB but I'd be grateful for the opinions of the wise heads here. Thanks for listening to my woes!
In Dec 06 I threatened to take her to the Small Claims Court. To avoid this, she confirmed to me in writing both that she owed me this money and that she'd pay me �20 pm as a repayment. I accepted this amount as an interim gesture as she said she was still working on getting equity release. She has �800pm income & owns her home, but she's now very overdrawn again & debtors are circling for payment.
At the current rate she's repaying me it'll take 17 years to pay me back! She refuses to answer her door so I sent her a letter this month asking for �50pm. Her reaction was not to pay me at all. I suspect she now considers me another of her debtors whom she's ignoring, but I can't be certain yet that she's defaulting.
In summary, I want out of this drip-feed of tiny repayments so I can move on with my own life. Not least I want to move out of the area, and I can't see her sending me cash in the post each month (I won't take cheques from her as I know they'd bounce). Once I move I won't know if she's died or sold up, and I can see me never getting my money back as the estate would be settled without my knowledge.
I'd like to go to the Small Claims Court and get a charge put against her property, but I don't know if I've shot myself in the foot on this by previously agreeing to take �20pm as an acceptable repayment. I'm also anxious that the court might note her alcoholism & find in her favour. I'll talk to the CAB but I'd be grateful for the opinions of the wise heads here. Thanks for listening to my woes!
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You had an agreement and she has failed to pay. By her agreeing to pay you �20 a month she has admitted the debt.
Your next step is the small claims court to obtain a judgement against her. Once she has defaulted on the CCJ you can apply for a Charging Order on her house. You need to get your skates on as if she sells the house before you take her to court you could end up with nothing.
Your next step is the small claims court to obtain a judgement against her. Once she has defaulted on the CCJ you can apply for a Charging Order on her house. You need to get your skates on as if she sells the house before you take her to court you could end up with nothing.
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