What can I do about getting back money owed to me?

[ChristmasIsComing2019]

Hi everyone,

I desperately need advise.

A bit of a background, I have never had a good relationship with my mother. She has come in and out of mine and my sisters lives for years.
There has always been apart of us that has been desperate for her love. We have both forgiven her on many occasions for very horrible stuff that has happened over the years.


I received compensation a few years ago after a horrific RTC and being extremely ill and weak I was very easy to manipulate..my mother asked to borrow money and I did (£6000)
The day I borrowed her the money she told me she would start paying it back straight away on a monthly basis. Stupidly I believed her. The very next day she stopped all contact with me 😞
I have not seen her since only her partner bumping into me and my baby, shouting at me saying I won't ever see a penny of it and laughing 😔 this was the straw that broke the camels back and I had a nervous breakdown.

Thank God my financial advisor made her sign a contract. It states on the contract that when the trustees ask for the loan to be paid back then it should be.

It has now been 4 years and not a single penny has been paid back.
I know that her partner now has been living with her for just under 4 years, they have been on lavish holidays, she has Botox, monthly beauty treatments, hair extensions..so I know she has money to spare. He had a retirement pay out of £100,000 and has been left inheritance from one of his family members.

Where and what can I do to get my money back?
If she claims poverty, because he lives with her can I claim that financially she is in a good position because of him and can afford to pay it?
Can I ask for the whole lump sum to be paid back in full straight away?

I desperately need advise. I can't let her do this to me for any longer. My mental health is getting back to a bad place as it plays on my mind so much. I want to be strong for once, and be able to let this anger and sadness go.

Thank you in advance

[TDL2016]

I think you need to seek professional legal advice or speak to your original financial advisor regarding the implications of the non payment in relation to the contract they provided you.

[ChristmasIsComing2019]

I have spoken to my financial advisor. He has known me for many years now. He stated that I would be able to get the money back but was concerned about any additional stress potentially taking her to court would cause me.
But it does eat away at me, it's so very difficult.
I just wish I could go back in time.

I have also phoned a solicitor (roughly 2 1/2 years ago) who told me that I should write a letter to her asking for the money back with a copy of the contract she signed. But no solicitor would take on the case as it's deemed a very small amount of money.

A lot has happened in regards to my physical health over this period of time and I have had to have many operations etc, so I have not been well enough to deal with this. Until now.

And that's what I would like advise on the questions in the original post..

I'm asking on MN as I know that their are lots of very helpful people on here that can offer me good advise on what to do

[havannaoohnana]

You can do an online money claim. For the sum owed your court fee will be £410 however. But this sum is added to her debt so she will have to pay this back to you too.

If she disputes it and you end up in court, no judge will side with her. Thank goodness for that signed document!

I deal with these claims on a daily basis, they are very successful. She will end up with a CCJ and then you can instruct the sheriffs office to recover the money.

[ChristmasIsComing2019]

@havannaoohnana oh my goodness thank you so much for your advise!!

Right so my first step is to fill out the online claim form? So I don't need to write a letter to her?

She is an extremely cunning. I know that if she thought bailiffs etc were on the cards, she would transfer her assets ie her car etc into her partners name. So it would look like she had nothing.
Does the judicial system look at things like that?

[FAQs]

www.moneysavingexpert.com/news/2013/04/small-claims-limit-rises/

[PTW1234]

Getting the CCJ approved won’t trigger any court review of her assets, she will just be told she legally has to pay you and it will go on public record (including her credit file, so her credit rating will plummet).

A more expensive but more thorough option would be to petition for her bankruptcy, it will cost you more than twice as much as the CCJ but if the petition is granted all bank accounts etc will be frozen and there will be some form of investigation into her assets - making it harder for her to hide things. And you really don’t want to try hide assets from the OR either.

It’s a bit more complex though, and not something many people can navigate alone. I am not sure if CAB give advise on how to recover money owed in this way, but I would start there.

[PTW1234]

www.gov.uk/apply-to-bankrupt-someone/prove-youre-owed-5000-or-more

[RebootYourEngine]

Is there a time limit on getting money back that is owed? A court may not look favourably as to why it has taken 4 years for you to get to this point.

Also hate to do this but you did not borrow her money she borrowed money from you. You have loaned her money.

[ChristmasIsComing2019]

Oh yes sorry I loaned her the money..hastily typing while trying to save my Christmas decorations from my toddler 😂
I hope there isn't a time limit, now I'm worried!!

I have been so ill over the last four years.
Being in and out of hospital lots, having numerous operations. I still have not reached a stable point in my health and I'm still battling with another infection at the moment. But I feel like I have the smallest amount of energy now to try and fight this and recover this debt.
I can request all my hospital documentations from consultants etc, to prove why I have not been able to take this on up until now?

[Lulualla]

Isn't there a 6 year time limit on getting money back from people? If you go longer than 6 years without making a payment or giving an acknowledgement of the debt then you can't be chased for it?
So get to it quickly!

[Longdistance]

Strike whilst the iron’s hot. A nice Christmas present to arrive on her doormat

So sorry your dm is awful

[Blacmange]

It’s the sort of case that Judge Rinder deals with on his programme. His mantra is always to get something in writing to show that the money was a loan. And you’ve got that which is the first step. You could go through the small claims court (and I don’t see how your mother could win ), apply to get her bankrupt (but that sounds more costly and complex) or you could apply to go on Judge Rinder. Maybe the threat of having to appear on national tv and risk showing just how underhand and manipulative she’s been might concentrate her mind on coughing up. I’m really sorry your going through this and while you’ve been so unwell.

[TreaterAnita]

Thank God you had a contract and trustees OP. I suspect that your only route is to sue (but you need to send a formal letter, recorded, asking for the money to be repaid first). There is a 6 year time limit for breach of contract but (and this is without seeing the contract) I suspect in your case it would run from the first date you asked her to repay, not the date of the loan. Good luck!

[PTW1234]

It’s a 5 year time limit in Scotland, where the debt is written off and 6 years in the rest of the uk where you can still ask for the debt to be repaid but you can’t legal action.

Without seeing any paperwork I would suggest the timer starts from the date of the agreement, because she hasn’t made any payments etc (then it would be the date of the last payment) - but there could be something specific in the agreement.

I would speak to citizens advice, do you have any home insurance OP that comes with any legal cover? You might be able to get some help with solicits costs.

Your mum sounds horrible and I would be tempted to get something served to her just in time for Christmas!

[ChristmasIsComing2019]

Thank you all so much for your help..I knew MN would come out in force with great advise!

Yes she is a horrible woman 😞 I have always forgiven her, until I had my first child. That was when things changed! Which she most properly didn't expect to happen!

I'm a very strong woman (well I class myself as one) but my sister is the one that has suffered the most. She has Aspergers and Autism. So for her to be abandoned and treated so terribly over the years has been extremely tough. Thank God she lives with us, and in a way my mother stopping all contact with me the day after the loan has been a blessing, as she stopped contact with my sister too.

I am determined to get this ball rolling and her to hear from me before Christmas!

[Rewilderness]

Sending you lots of luck Christmasiscoming. I really hope you succeed and get this money back. Serving a writ or whatever on her sounds a very fitting Christmas present. She deserves nothing less.

[Isleepinahedgefund]

If the loan is repayable "on demand", then you first have to "demand" it back from her in full. Then you go to small claims if she doesn't pay in full. One letter stating repayment to be made within 28 days should suffice, then submit your money claim.

Be aware that the judge may make an order that allows her to repay in instalments - £1 a week if that's what she convinces them she can afford.

Well done for getting a written agreement by the way!

Bankruptcy is a last resort really as it's expensive. I wouldn't go down that route unless you are absolutely 100% sure that she has in her own name the money (or equivalent value assets) to pay the debt. The costs of the bankruptcy will be paid from the assets first, and then the creditors - if she has other creditors any money will be split between you according to the proportion of total debt (eg if your debt is 6% of total debt, you'd get 6% of money). Basically it's very likely you won't get your money back this way. The debt would be discharged in the bankruptcy too, meaning that you couldn't claim it afterwards if you didn't get your money in full.

[Isleepinahedgefund]

And don't assume she has money somewhere just because she is spending it. If people are "spendy", £100k is not a lot - any anyway it's not her money.