Helpp advice on ex loaned money

aliceanne · 10 October 2008 at 1:55AM

almost 2 years ago i leant money to my then current boyfriend, to the sum of 400pounds out of my savings, i was 16 and he was 19 and has a job. he kept saying even after we broke up he would try paying me back in installments so ive given him so much time and now realise he is not going to attempt to pay me.
so i emailed him again the other day reuquesting the sum of 400 pounds to repay me and call it quits he replied:

your not the only one struggling at the moment, seeing how it was your decision to move away and to never speak to me again, i think that more than says enough to call it quits.

he has also said :
you cant just sue me for money you willingly gave me and never asked for it back untill recently.
maybe this will teach you to think twice before lending anyone money, it was your decision to shut me out of your life, so now its my decision to shut you out of mine.

and then:
i was just running out of things to wipe my !!!! with, that will do nicely

do what you want Alice, believe me i used to work for a solicitors firm, you do know you will get absolutely nowhere without a written and signed document and/or agreement, complete with terms and conditions, which i believe you will have a very hard time aquiring, as there never was one! and due to the fact that it was not a VAT registered transaction, i think your just going to end up spending more money getting nowhere ! i hope you realise you are wasting your time but obviously you have nothing better to do, i look forward to receiving your letter and laughing my !!!! off before wiping it

is there anyway with these emails as evidence i could win in a small claims court all i want is my money paying back i trusted him to do so and gave plenty of time and chances.

mortimerrankine · 10 October 2008 at 6:56AM

aliceanne wrote: »

almost 2 years ago i leant money to my then current boyfriend, to the sum of 400pounds out of my savings, i was 16 and he was 19 and has a job. he kept saying even after we broke up he would try paying me back in installments so ive given him so much time and now realise he is not going to attempt to pay me.
so i emailed him again the other day reuquesting the sum of 400 pounds to repay me and call it quits he replied:

your not the only one struggling at the moment, seeing how it was your decision to move away and to never speak to me again, i think that more than says enough to call it quits.

he has also said :
you cant just sue me for money you willingly gave me and never asked for it back untill recently.
maybe this will teach you to think twice before lending anyone money, it was your decision to shut me out of your life, so now its my decision to shut you out of mine.

and then:
i was just running out of things to wipe my !!!! with, that will do nicely do what you want Alice, believe me i used to work for a solicitors firm, you do know you will get absolutely nowhere without a written and signed document and/or agreement, complete with terms and conditions, which i believe you will have a very hard time aquiring, as there never was one! and due to the fact that it was not a VAT registered transaction, i think your just going to end up spending more money getting nowhere ! i hope you realise you are wasting your time but obviously you have nothing better to do, i look forward to receiving your letter and laughing my !!!! off before wiping it

is there anyway with these emails as evidence i could win in a small claims court all i want is my money paying back i trusted him to do so and gave plenty of time and chances.

Hi Alice,
Was anyone witness to you lending the money? if so it is a enforceable contract and you can claim it back through the courts. If not the emails maybe used in evidence.

Debt_Free_Chick · 10 October 2008 at 7:33AM

Alice

He has a point - that there is no evidence of a loan which was to be repaid. It's your word against his and he is saying "it was a gift". I don't see anything in his emails that would be evidence it was a loan - he doesn't admit to any agreement to pay it back.

I've been through a relationship breakup recently and my ex displayed similar attitudes over money - that the breakup was "my fault" and therefore he was "entitled" to some revenge, usually involving money he owed me.

I strongly suggest that you "chalk this up to experience" and move on with your life. He's not going to pay you back and it's highly unlikely you'll win in Court. Anyway, Court is not really worth it for the amount involved.

He has a conscience - he knows he's screwed you over. If he feels good about then, then shame on him. Just forget it and don't even read any more email from him. Don't reply to him - just ignore him.

Good luck

Rich_Richmond · 22 November 2008 at 11:13AM

There's nothing you can do if you don't have any proof in writing, but still there is 50 % chance that you can sue him in small claims court, saying that he accepts that he has taken some money from you and now is taking revenge for breaking up with him. This he has clearly mentioned in the mails. I hope you can try in the small claims court. Its only to make him realise that even you can react and wont keep silence on his bad deeds.

All the Best................
Regards

Voyager2002 · 22 November 2008 at 11:37AM

The most sensible advice is probably to forget about it and never have anything more to do with this unpleasant character. However, if your sense of fairness means that you want him to find out that there are consequences for bad behaviour (and that is probably how I would feel) then it would be easy to sue him using the Small Claims procedure.

Firstly, remember that it would end up with him and you in a room with a judge. It is fairly informal: the judge is just a man or woman in a suit who is used to hearing different stories, deciding what to believe, and then producing a fair settlement. You have to decide (perhaps with the help of a teacher or anyone educated whom you know) whether you could convince a reasonable person that the money was a loan, and not a gift.

If you do decide to go ahead, use the web to find MoneyClaimOnline and fill in the forms there. Pay the court fee, and he will certainly get a shock when he receives the Summons ordering him to appear in court and explain himself. He might decide to pay up at that point: otherwise be prepared to listen to him telling lies in front of the judge.

Incidentally, what he says about the law is wrong, so don't be intimidated. He obviously learnt little or nothing from his time working for a solicitor.

Helpp advice on ex loaned money

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