loand money to bf now broken up

k-e-l-l-y

Hi

About a month ago i leant my by £200 for car repairs. He siad he would give it back, and now i think he is going to try and avoid this because we broke up recently.

The repairs were paid on my bank card, so would this be evidence to prove it was my money if i had to take it to a small claims court?

Thanks in advance...

iolanthe07

He would probably just claim that it was a gift; very difficult to prove otherwise in court, unless you have a written agreement that he would pay you back. You may just have to put it down to experience and move on and be glad it wasn't a good deal more. Go on nagging him for it, though, and his conscience might get the better of him in the end.

Kay_Peel

I wouldn't hesitate to go down the small claims route.

Why should you lose 200 pounds just because your ex has got it into his head that he doesn't want to pay you back? It's his car, not yours. He's an ex-boyfriend, so you don't even get any benefit from the car repairs - but he does. You are quite clear that the 200 pounds was a loan and that he agreed to pay you back. That sounds reasonable but the courts might be further convinced by your answers to the following questions:

Did you discuss how he would pay you back and when?
When you broke up did you have ANY conversation about the money, or have you had any conversation about it since?

It's quite important that you should have brought these questions up with you ex and leave him in no doubt that you always considered it a loan and that you want your money back.

I don't think a court would believe him if he said it was a gift. In fact, they'd probably laugh at him. My advice is to tell him that you are going to recover the debt and that he will be liable for costs when you win. It may prompt him to cough up!

dougyd

"I don't think a court would believe him if he said it was a gift. In fact, they'd probably laugh at him. My advice is to tell him that you are going to recover the debt and that he will be liable for costs when you win. It may prompt him to cough up!"

Huh!? If there's no written agreement, there's no agreement, that's how the courts will see it.

LeeSouthEast

It costs (if I recall) £40 for you to send in the claim. It's worth doing!

As others have said, just be glad it was 'only' £200. My ex took me for £6,000 and that is before divorce...

k-e-l-l-y

he did say he would pay it back when he next gets paid which is a week thursday....but im not sure if he will.

spole to him the other night about it and he was saying stuff like what about all the things i bought you....

LeeSouthEast

Remind him on Thursday. If nothing has appeared by midnight, cease further contact and submit a small claims case. If nothing else it'll scare the crap out of him and might make him pay up even before it gets in front of a judge... which is the whole point.

Kay_Peel

dougyd wrote: »

Huh!? If there's no written agreement, there's no agreement, that's how the courts will see it.

The Ex's claim that it was a gift will be difficult to substantiate - especially since they broke up just after the loan was made. What's he going to say? 'Just before I broke up with my girlfriend she said to me 'I want to give you something to remember me by. I want to give you the money to fix your car. And I don't want you to pay me back - just think of it as a gift. Two hundrerd pounds is nothing to me - because you and your car are worth it!'

Yeah right, the court will say. That sounds believable. Not.

:rotfl:

Good luck, Kelly. It sounds like he won't pay you back without looking for some pathetic excuse.

His statement that he will pay you back when he next gets paid is VERY GOOD evidence for a small claim. If you don't beleive him then act now rather than later.

ILW

k-e-l-l-y wrote: »

he did say he would pay it back when he next gets paid which is a week thursday....but im not sure if he will.

spole to him the other night about it and he was saying stuff like what about all the things i bought you....

Did he buy you lots of things with his money?

dougyd

Kay_Peel wrote: »

The Ex's claim that it was a gift will be difficult to substantiate - especially since they broke up just after the loan was made. What's he going to say? 'Just before I broke up with my girlfriend she said to me 'I want to give you something to remember me by. I want to give you the money to fix your car. And I don't want you to pay me back - just think of it as a gift. Two hundrerd pounds is nothing to me - because you and your car are worth it!'

Yeah right, the court will say. That sounds believable. Not.

:rotfl:

Good luck, Kelly. It sounds like he won't pay you back without looking for some pathetic excuse.

His statement that he will pay you back when he next gets paid is VERY GOOD evidence for a small claim. If you don't beleive him then act now rather than later.

It's not evidence at all though! Unless Kelly recorded the fact he said he would pay it back the statement might as well be non-existant.

And so what if they split-up after she lent him the money, I bought an ex an Easter Egg she split-up with me the week after...... people act in the now and in good faith.

Besides, we don't know the guy won't actually give her the money back yet!

Apples2

For £200 it seems completely pointless.

I kind of agree with your ex...

What about all the things he bought for you, all the presents he gave etc etc.

May not be true, perhaps he bought nothing, but generally, the bloke spends much more then the woman in a relationship.. Maybe he should ask for all he has spent on you to be returned... who would end up better off.

If it were a significant amount (£2k plus) then maybe pursue it.. for £200 forget it and move on.