Do I stand a chance of winning in small claims court?

sec79

I gave an ex £500 to help him pay his debts off (mad yes I know) about a year ago. I sent him money through the post, in cash.

Circumstances have changed and I'm now looking to recover this money. I have sent several letters asking for him to make contact to sort this, as has a solicitor (he reported me to police for harrassment so I have to be careful re contact). This has been going on for about 4 months.(I did some stupid stuff I'm not proud of. Over 18 months I lost his child, was raped, spiralled into a deep depression, started self harming and signed off work for 10 weeks)

Only proof I have is bank statements showing when I made large cash withdrawals, which I have listed seperately. In the one letter he sent to my solicitor, saying he received only about £75, and wanted proof. I handed over copies of my bank statements and the list details what I had sent to him and when - heard nothing off him.

My solicitor has said only thing I can do is take him to the small claims court. Do you think I have a leg to stand on? I never said it was a loan, just money to help him out. Can I now say I want this back and he owes me?

I know it appears like a small amount, but due to things he has done, I am prepared to take him to court to make him face upto things. I don't want him doing this to any other women, taking advantage, lying and not facing upto the situation.

Any views or help much appreciated.

skylight

Your solicitor should be advising you about the probability of the outcome.

You have no proof of where the money went. All you have is proof of some cash withdrawals and that money could have gone anywhere and be spent by anyone. You cannot prove you gave it to him. He has admitted to a total of £75.

Also, you cannot prove that you agreed to lend him some money. There is no agreement in place for him to pay you back.

Going to court will cost you money (not megabucks, but still, its money) with little chance of getting it back. Also, if by chance, that you do win, he can claim financial hardship and offer to pay £5 a week until its cleared. You then have further difficulties if he does not pay that money as you have to go back to court at further cost to yourself to enforce the order.

If this guy is the scum you believe him to be (reading between the lines here!) then would it not be best to just walk away and get him out of your life forever? Put it down to a very bad experience and get on with your life without him?

Hardup_Hester

When I used the small claims court a few years ago, I found it to be a pointless exercise. I had a good case, plenty of documentation & the found in my favour. Unfortunately I still didn't received the money I was owed & there was nothing the court could do about it.