is it worth it

gobsy

hi wonder if anyone can help me... my now ex partner used my crdit card to buy a laptop, 4 days later he left taking laptop, he had agreed to pay for it £100 per onth i am yet to see any of this money i have on several occasions asked for the money or the laptop..... never getting either.... a few weeks ago i asked again for the laptop for him to say he had put it on ebay to try and sell it to get me the money!!!!!! Aparrently he was ripped off and sold the laptop recieved a false email thru ebay saying they were from paypal and payment had been received so he sent laptop to this person only to find out hadnt paid(Please understand i dont believe a word of this as i have asked for proof of the police statement that he reckons he made, a copy of the 'email' he received and get nothing)... i am thinking of taking him to a small claims court but is it worth it.... and if i am successful at court will i ever see the money!!!!!!!!!!! thanks in advance

lincroft1710

What you don't say is how much money is involved. Second point - can you prove that this wasn't a gift from you to him, he may try to use this as his defence for not owing you the money. Third point - if you win at court, is it likely he will have money to pay you and if so actually pay you, so you don't have to take further action to recover money.

The above is of course worst case scenario. Best case scenario would be if he receives court papers and suddenly has the laptop returned to him by the "repentant thief" and returns it to you.

gobsy

the laptop was £400+, cant really prove it wasnt a gift but i have read in previous, forums that 'gifts are to be returned if couples part with in 6mths of purchase'!! i know this stands in american court but not sure about here

lincroft1710

He doesn't seem to be that honest, which why I think he would try to use "it was a gift" as his defence for not paying.

The Courts Service site does seem to give useful advice

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

is well worth a very long and careful read espec the docs EX 301 and 302. Also it would appear there may be an alternative to going to court.