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

SaltnPepper27

noh wrote: »

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.

It was never referred to as a loan but a gift and he is in finance so he would have drawn up a loan agreement if that's what he really intended it to be.
His ego was dented when I found out what he was up to and his exit was swift so I think it is an act of revenge myself.

asandwhen

Would he have any evidence - i.e have you made any payments to him since the split?

How much was your cosmetic surgery? do you have any emails / text from him prior to the split refering to this money? Do you have any since the split?

The loan agreement that he would have created would need your signiture on it

SaltnPepper27

asandwhen wrote: »

Would he have any evidence - i.e have you made any payments to him since the split?

How much was your cosmetic surgery? do you have any emails / text from him prior to the split refering to this money? Do you have any since the split?

The loan agreement that he would have created would need your signiture on it

The surgery was about £5600 I have never made any payments to him and he only asked for the money when I wanted him to leave. I did say I would give him the "bloody" money just to get him to go and take his stuff with him because the police were involved. He also kept my house keys refusing to give them back. The police said to call them if he reappeared which he did the next day but left when he knew I would call the police. He also has an alias name!

digitalphase

It's interesting to read the replies on this as if you had been your ex posting and saying "how can I get back £3600 I lent to my ex", I think everyone would have been saying "you have no chance as it cannot be proved that it wasn't just a gift".

Was it for a boob job? You could always argue that to try and force your hand into doing it, he gave you the money so you had no 'excuses' not to get it done.

I really don't see how he can win on this one. Sounds like he's annoyed he got caught cheating so is trying to get back at you. What a loser, you're better off rid of him!

bengal-stripe

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.

SaltnPepper27 wrote: »

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

digitalphase wrote: »

Sounds like he's annoyed he got caught cheating so is trying to get back at you. What a loser, you're better off rid of him!

Why would a “gift” for cosmetic surgery be invested in an ISA? Most likely it was a tax fiddle.

If it was to go to court (which I doubt), the judge would have a hard time to decide between two people
who apparently both have problems with the facts.

The two of you deserve each other.

SaltnPepper27

Thank you but you have confused me regarding the facts could you explain please?
Kind regards

SaltnPepper27

bengal-stripe wrote: »

Why would a “gift” for cosmetic surgery be invested in an ISA? Most likely it was a tax fiddle.

If it was to go to court (which I doubt), the judge would have a hard time to decide between two people
who apparently both have problems with the facts.

The two of you deserve each other.

Thank you but you have confused me regarding the facts could you explain please?
Kind regards

Rafter

What a mess! Very sorry that you have been through such a horrible break up with what sounds like a really nasty bloke!

If he never made it clear it was a loan and there is no formal agreement, he is on very dodgy ground - particularly if it was a tax dodge to use your allowance and for him not to claim the 'interest' he received on the loan to the inland revenue.

What, if anything you pay him is not about what is legal but what you think is right and fair.

If you think it was a gift and that morally he owes you £3,600 for financial stuff while you were together then fair enough.

I think he will get nowhere with the small claims court. He has no proof it was a loan. He has admitted it was to use your tax allowance and you can also claim it was for future surgery - although not sure that improves your case.

Personally I would give half of it back and hope he goes away - but then I'm a bit of a soft touch!

R.

bryanb

I believe the ISA rules require money invested to belong to the person in who's name the account is.

SaltnPepper27

Rafter wrote: »

What a mess! Very sorry that you have been through such a horrible break up with what sounds like a really nasty bloke!

If he never made it clear it was a loan and there is no formal agreement, he is on very dodgy ground - particularly if it was a tax dodge to use your allowance and for him not to claim the 'interest' he received on the loan to the inland revenue.

What, if anything you pay him is not about what is legal but what you think is right and fair.

If you think it was a gift and that morally he owes you £3,600 for financial stuff while you were together then fair enough.

I think he will get nowhere with the small claims court. He has no proof it was a loan. He has admitted it was to use your tax allowance and you can also claim it was for future surgery - although not sure that improves your case.

Personally I would give half of it back and hope he goes away - but then I'm a bit of a soft touch!

R.

He has cost me a fortune in insurance claims to damage in my property and personal items he lost and claimed for on my insurance not to mention all the holidays and gifts he has had plus driving my car and never putting fuel in it once in two years. Yes I know I am better off without him. Plus I have learnt a very valuable lesson.