I WON a few hundred pounds playing poker with friends.
Most have paid up but one friend owes me £150 and keeps giving excuses and putting me off. Can I take him to the small claims court?
No. Gambling debts are not enforceable at court. I suggest you give your friend the cold shoulder and let the others know what he has done.
This sort of thing is called a debt of honour and does what it says on the tin. Or not, in this case.
MY brother has just been made bankrupt and is concerned that I won't give him the share of our father's estate dues to him under the will when Dad dies.
I have been reading some of the responsibilities I have as an executor and have discovered that if I allow a bankrupt person to receive money from a will I would be liable for their debts.
The correct analysis is that if someone is bankrupt and inherits or is entitled to any money during bankruptcy, then it must go to their trustee in sequestration - the person who legally owns their property and money.
Any diversion to the bankrupt person can be challenged by the trustee, and if the money can't be recovered you may be liable.
You are best to correspond with your brother's trustee direct, but check when the bankruptcy is due to end as unless your father is near death, the sequestration may already be discharged before the money is due.
I BOUGHT a suite - or at least paid a deposit and have nor received delivery - from a company that has now gone into liquidation.
I got a letter from the accountants who are acting as liquidators. Can I take them to court to get the suite or a refund?
Sadly liquidation, unlike administration, usually means all bets are off for ordinary creditors like yourself, and the liquidators cannot be responsible for the debts or obligation of the company if there are no assets to meet them.
I'd recommend anyone buying anything of value is very careful, and tries to insist that deposits are held in a separate bank account or held over until delivery is assured.
MY partner passed away a few weeks ago. He had a car he was paying for through a finance company.
I have written to the company and shown them the death certificate.
They are insisting I sell the car and pay them the money still owed. But I don't think this would give me enough to pay the sum due.
I expected the company just to take the car and leave me alone.
The main thing is that you have no liability for the debt, nor for any work to be done for the finance people.
And as executor all you need to do is inform them of where the car is.
So to you that all you need to do is send them the keys. However, in case there is something you are missing out, get them to put in writing what they require of you and the legal basis for it.