What are my chances?

Oeillade

Yesterday, I rang the loan company and paid off the rest of the arrears, which turned out to be £285 so that was better than I expected.

I also asked why there were two lots of legal fees. Got a call from them today, saying it looked like the second lot were a mistake and they were going to see about getting them refunded to my account. Fingers crossed on that one.

I also had lunch with an ex friend of my ex's, and he was telling me how my ex was deliberately trying to lose me the money my mother put into the house when we bought it together, that was way he wasn't paying the loan or the mortgage and trying to get out of paying any maintenance. The CSA might not be brilliant but at least they are getting me something out of him.

I just wonder why he doesn't realise that it's not just me he's punishing but the little girl he is supposed to adore!

vuittondreamer

Hi Oeilleade,
You can take him to the small claims court, if you can prove the loan was taken out by him, secured on your property to Pay HIS credit Cards: My Mate at work had the same problem, and she took her ex and won. She took the loan out as he had poor credit history, and proved to the court by bank statement etc. it was to pay off his credit cards and loans. At the end of the day she said if she had lost it was £225 (the court fee) well spent just, just to let him know she meant business.

Oeillade

vuittondreamer wrote: »

Hi Oeilleade,
You can take him to the small claims court, if you can prove the loan was taken out by him, secured on your property to Pay HIS credit Cards: My Mate at work had the same problem, and she took her ex and won. She took the loan out as he had poor credit history, and proved to the court by bank statement etc. it was to pay off his credit cards and loans. At the end of the day she said if she had lost it was £225 (the court fee) well spent just, just to let him know she meant business.

Thank you for that.

I have a copy of his bank statement showing the cheque from the loan company going into his account and payments going out to pay his overdrafts and credit cards as well as statements showing all his payments to paypal and how quickly the overdrafts were built up again.

I also have letters from my solicitor asking him to pay at least half the loan and a text from him saying the loan would be paid when the house was on the market. He wouldn't pay for the HIP so it didn't go up for sale then. It has now as I have paid for the HIP but he still isn't paying it.

Do you think that will be enough?

SueP19

Oeillade wrote: »

Yesterday, I rang the loan company and paid off the rest of the arrears, which turned out to be £285 so that was better than I expected.

I also asked why there were two lots of legal fees. Got a call from them today, saying it looked like the second lot were a mistake and they were going to see about getting them refunded to my account. Fingers crossed on that one.

I also had lunch with an ex friend of my ex's, and he was telling me how my ex was deliberately trying to lose me the money my mother put into the house when we bought it together, that was way he wasn't paying the loan or the mortgage and trying to get out of paying any maintenance. The CSA might not be brilliant but at least they are getting me something out of him.

I just wonder why he doesn't realise that it's not just me he's punishing but the little girl he is supposed to adore!

I am glad you have found their mistake with the legal fees, it just goes to show you have to be vigilant with these people :T

PS what a g*t

Oeillade

Hi Sue

You really have to keep an eye on these companies, they think nothing of making a 'mistake' and not bothering to rectify it unless you keep on at them. Trust no-one!

PS you don't know the half of it!!

vuittondreamer

Yea i do think you have enough proof. check with your local small claims court, how much it will be to take through the system. I'll bet you they'll offer mediation, and he refuses that and messes the court around you'll get your money, Is he working, if he is they have the power to collect the money through and attachment of earnings order.

Oeillade

That's great, thank you, vuittondreamer.

I'm just waiting for my mother to move house next Friday, she only lives a couple of miles from him at the moment and he'll only harrass her.

Oeillade

Should I sue him for the whole loan or just half of it as the loan is in both our names? It is going to be very expensive to sue him for the whole amount. £210 just to start the process and then another £300 if he defends it and I have to do the AQ.

Thanks

vuittondreamer

If you can prove the whole amount was to pay off his debts go for the whole amount. What ever it is you have paperwork wise to back up your claim.

Oeillade

Can you believe it? He has acknowledged the claim and said he is going to defend the whole amount! How can he defend the whole amount when his signature is on the loan agreement?