Gift of money from partner now since we split wants it back

SaltnPepper27

Partner gifted me £3600 for an ISA now wants it back with interest and is taking me to a small claims court? where do I stand?
many thanks

Bob_the_Saver

SaltnPepper27 wrote: »

Partner gifted me £3600 for an ISA now wants it back with interest and is taking me to a small claims court? where do I stand?
many thanks

Was it a gift or a loan?

gift
• noun A thing given willingly to someone without payment; a present.

(Oxford Dictionary Online)

SaltnPepper27

it was a gift as he had not been contributing to many finacial things and we discussed me having cosmetic surgery with it.

Bob_the_Saver

SaltnPepper27 wrote: »

it was a gift as he had not been contributing to many finacial things and we discussed me having cosmetic surgery with it.

OK, then if you can prove it's a gift (difficult unless the cheque came with a note) it's down to the court, based on who they think is telling the truth on the balance of probability, NOT beyond reasonable doubt.
If it does go to court you'll get the details of his claim beforehand and the line he intends to take, you can work from there in submitting your defence.
"Not been contributing to many financial things" makes it sound as though this was his contribution and that might muddy the waters. It was either a gift or not and that is the crux of the matter (as I see it).

It would be a bit difficult for him to claim that he put it in your name to double his cash ISA allowance. If he puts that in writing in his claim I would mention the three words Inland Revenue and Fraud.

PNPSUKNET

what surgery?

SaltnPepper27

Bob_the_Saver wrote: »

OK, then if you can prove it's a gift (difficult unless the cheque came with a note) it's down to the court, based on who they think is telling the truth on the balance of probability, NOT beyond reasonable doubt.
If it does go to court you'll get the details of his claim beforehand and the line he intends to take, you can work from there in submitting your defence.
"Not been contributing to many financial things" makes it sound as though this was his contribution and that might muddy the waters. It was either a gift or not and that is the crux of the matter (as I see it).

It would be a bit difficult for him to claim that he put it in your name to double his cash ISA allowance. If he puts that in writing in his claim I would mention the three words Inland Revenue and Fraud.

In his second letter from his solicitor he stated it was to take advantage of my unused tax allowance?

SaltnPepper27

PNPSUKNET wrote: »

what surgery?

I did not have any debts but then had the surgery

asandwhen

How quick after the "gift" did you split?

I think you will struggle to convince a judge that it was a gift without any evidence -

SaltnPepper27

asandwhen wrote: »

How quick after the "gift" did you split?

I think you will struggle to convince a judge that it was a gift without any evidence -

Opened end of Nov 2008 we split end of April when I found out he was cheating on me. Police removed him because he became aggressive when I showed him email print outs of his infidelity.

SaltnPepper27

What evidence would I need asandwhen?

noh

asandwhen wrote: »

How quick after the "gift" did you split?

I think you will struggle to convince a judge that it was a gift without any evidence -

Don't agree with that at all.
I believe it to be the other way round.
The boyfriend will struggle to convice the court that it was a loan without any evidence.
It would only be a loan if a date for repayment had been agreed.