Please Help Me

lemma1968

Asking for money back that he loaned via a solicitor would not be regarded as harassment, he is trying to legally get it back.
Making lots of threats by phone, email text etc may be.

It needs to be in the hands of a solicitor or a law centre to assist and show him that you are only prepared to deal with things professionally and no longer informally.

reaver

Unless he made you sign something declaring that this was a loan and outlinine terms on repayment then it was a 'gift' and he has, as far as I'm aware, no legal claim to a refund.
A close friend of mine loaned money to a friend recently who is now stating that it was a 'gift' and, as the is no written proof to the contrary, she is unable to get the money back. It's backfired on my mate but probably stands you in a good position to dispute that you owe the money back.
Sending best wishes to you here, you need to stay strong over this :kisses3:

kittiej

I would be inclined to answer his solicitors letter by setting his client full to proof of entitlement and see what the response is,
.

Traffic Warden = wannabe Policeman. Laugh? I almost choked.

Bless you and don't worry, after all you don't give someone a box of chocolates, albeit expensive ones, and then ask for them back!

lemma1968

A contract, albeit oral, is still a contract. Whether it can be enforced is another matter. There does not seem to be a dispute here that this was a loan, just the terms of repayment are in dispute.

It is a fallacy that a contract must be in writing, its just a heck of a lot easier to enforce if it is.

kittiej

Yes Lemma that I concur, but if it comes down to word for word then in writing will be the conclusion surely.

There is no loan agreement and the OP could just turn around and let the ex take her to court, which from experience is nothing to be feared and will be costly to him.

What the ex would gain by notifiying her employer is nothing since if she lost her job then she would just be making a token payment if anything at all.

Hot air and he probably is expecting her to run crying to him to stop all this badness in the hope that she will fall into his arms and beg for forgiveness and he will be in control once more.

Let him come up with a properly executed loan agreement first I say.

Sorry peeps but I cannot stand bullies esp in the male form.

firesidemaid

does your son live at base or at yours? ie. do you get a 25% single person discount for living on your own for council tax and similar for water if you can't have a meter?

Marker_2

kittiej wrote: »

If you have nothing in writing then how can he prove that it was not gifted to you and now you have split up you feel terrible and off your own back have started to repay this money?

400 texts sounds like harrassment to me, if they were threatening then go to the Police?

It WAS a loan, the proof is in the title of this thread. This bloke lent you money and he wants it back, he is entitled to get it back. The pressure behind the solicitors and texts might be because for the last 4 months he hasnt received anything off you. Regardless of what you have told him I would start getting worried to -you must understand that?

You are in alot of bother with money and he tried to alieviate some of that strain. It should have made a little dent in your repayments to. For a short term relationship i think what he did was quite nice.

400 texts over 4/5 months? Thats not too bad!!!

I would try and make an agreement with the solicitors to repay £25pm. That is better than nothing, and if it is all in writing he would im sure feel alot better andsecure knowing that repayments are coming in.

Please please please dont go down the 'gift' route, regardless of how you feel about him, he lent you that money in good faith and to help.

elaina79

I just came across something which may be off interest.

"A Loan Shark is someone who lends money without the appropriate licence issued by the Office of Fair Trading. Loan Sharks rarely, if ever, give any paperwork and if payments are missed they often use intimidation and violence to get money from their 'clients'."

"If you have borrowed money from a loan shark you are under no legal obligation to repay the debt. You should contact your local Trading Standards office immediately. They will help you deal with your situation and the loan shark.
To find your nearest Trading Standards office enter your postcode in the box located on the right-hand side of the Trading Standards website homepage."

Hope it helps

tintaja

elaina79 wrote: »

I just came across something which may be off interest.

"A Loan Shark is someone who lends money without the appropriate licence issued by the Office of Fair Trading. Loan Sharks rarely, if ever, give any paperwork and if payments are missed they often use intimidation and violence to get money from their 'clients'."

"If you have borrowed money from a loan shark you are under no legal obligation to repay the debt. You should contact your local Trading Standards office immediately. They will help you deal with your situation and the loan shark.
To find your nearest Trading Standards office enter your postcode in the box located on the right-hand side of the Trading Standards website homepage."

Hope it helps

Elaina, the problem here might be that he is not charging the OP an interest, and part of a definition of a loan shark is that a loan shark is a person or body that offers unsecured loans at high interest rate.

i think harassment / no set repayments rules might be a safer option.

Marker_2

elaina79 wrote: »

I just came across something which may be off interest.

"A Loan Shark is someone who lends money without the appropriate licence issued by the Office of Fair Trading. Loan Sharks rarely, if ever, give any paperwork and if payments are missed they often use intimidation and violence to get money from their 'clients'."

"If you have borrowed money from a loan shark you are under no legal obligation to repay the debt. You should contact your local Trading Standards office immediately. They will help you deal with your situation and the loan shark.
To find your nearest Trading Standards office enter your postcode in the box located on the right-hand side of the Trading Standards website homepage."

Hope it helps

Plus the fact they were boyfriend and girlfriend, so he was not a loan shark!:rolleyes: