loand money to bf now broken up

woody01

Kay_Peel wrote: »

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!

That's INCREDIBLY bad advice.
There is no way on this planet the OP can prove this wasn't a gift, so using your way, she would just incur more costs without an outcome.

His statement that he will pay you back when he next gets paid is VERY GOOD evidence for a small claim

Of course it isn't. Just because the BF 'said' he would, gives absolutely no grounds for evidence and would be laughed out fo court.
Try not to be so ridiculous by keep giving the OP false hope.

Kay_Peel

woody01 wrote: »

That's INCREDIBLY bad advice.

Try not to be so ridiculous by keep giving the OP false hope.

I'm interested to know how you are so sure.

It seems to me that the bad advice is being given by those who tell Kelly that she must accept this situation because, they say, there was no written agreement for the loan. Where on earth did they get that from? Did they dream it? If they can back their assertion up with a reference, a piece of caselaw or legal advice, then I'd like to see it - and I'm sure Kelly would too.

:beer:

ILW

Kay_Peel wrote: »

I'm interested to know how you are so sure.

It seems to me that the bad advice is being given by those who tell Kelly that she must accept this situation because, they say, there was no written agreement for the loan. Where on earth did they get that from? Did they dream it? If they can back their assertion up with a reference, a piece of caselaw or legal advice, then I'd like to see it - and I'm sure Kelly would too.

:beer:

I would have thought that if it got to court and the ex said that Kelly agreed to pay to get "our" (they were a couple at the time) car repaired. The judge would throw it out and tell her to grow up.

dougyd

Kay_Peel wrote: »

I'm interested to know how you are so sure.

It seems to me that the bad advice is being given by those who tell Kelly that she must accept this situation because, they say, there was no written agreement for the loan. Where on earth did they get that from? Did they dream it? If they can back their assertion up with a reference, a piece of caselaw or legal advice, then I'd like to see it - and I'm sure Kelly would too.

:beer:

I appreciate your comment and your optomism, but why do you think loan companies have an agreement which states the loan amount an agreed due date and is signed by both parties.

It's the same principle for 'loaning' a friend or family member money, a verbal agreement means little legally as there is no physical evidence to act upon or for a judge to decide a verdict.

If there's no evidence there is no case and it would be up to the 'prosectuor' (i'm aware i'm using criminal terminology and not civil) to prove that the defendent is guilty.

MrsTinks

Why not send him a nice mail and say very clearly in it that "look like you agreed before I lent you the money then I need it back on x date. It was a loan and not a gift and frankly I need the money paid back as I have bills to pay etc.
Hopefully he'll reply with an answer that lands him right in it where he admits that he knew it was a loan Then you'd stand a much better chance of getting somewhere in small claims

zzzLazyDaisy

I disagree with the posters who say OP has no chance of success if she takes this to the small claims court.

Provided there is evidence that she gave him the money (or provided he doesn't deny this) then it will be a case of one person's word against the other as to whether this was a gift or not. These type of cases come up in the small claims court all the time and the judges are very adept at getting to the bottom of things. Of course there is no guarantee that she would win her case, but neither is it a foregone conclusion that she would lose.

One thing to be aware of though - getting judgment and getting the money are often two very different things. If he is stable with a settled home and a job, maybe a car, the chances are good. But if he is out of work and/or with no assets and/or couldn't care less about a CCJ then it may prove impossible to get the money out of him.

If you do decide to start court proceedings you need to write a 'letter before action' first so come back for more info on this if the money doesn't turn up on Thursday.

EDIT: there is no requirement to 'prove' he is guilty, the burden of proof in civil cases is 'on the balance of probabilities' ie having heard all the evidence, what does the judge think happened, 'more likely than not'

olly300

Judges face these cases all the time and as it's a civil case they use the balance of probabilities to work out who is not telling the truth.

In addition unusual transactions on bank statements are evidence of money being given to someone.

However the OP hasn't stated how she gave the money to the ex-boyfriend and whether she has any evidence she has given him this money. She also hasn't said whether they shared money or any other outgoings, which with relationships this is crucial if you are going to bring a court case.

In other cases on these boards there is clear evidence that the poster is likely to be telling the truth about the loan as they:
1. Gave the person the money via a bank transaction
2. The person disappears and is unreachable until they are eventually traced with much difficulty - odd way to act if a friend or family member gives you a "gift"
3. There is other clear evidence to show they have never shared costs

k-e-l-l-y

Hi thanks for all your advise so far guys.

I think this would class as evidence, that the repairs were paid for on my bank card and the car is in his name.

I have tried to be nice and have reminded him loads about he. he text me back saying "ok i'll be honest, im not going to give you a penny"

So i was thinking about writing a letter to him asking for the money within a certain amount of days..

Another suggestion i have had from a friend is to go over to his house and have a word with his dad, but i dont particulary want to drag his family into all this.

Kay_Peel

I take it that you don't have a receipt from the company that did the repairs? Am I right in thinking that you only have an entry on your bank statement?

Write to him by all means, but keep it short, factual and to the point - otherwise it could be used against you. Take at least three copies of it. Deliver it by hand to his home - and if his Dad is there, give Dad a copy.

This is off the top of my head, and I hope someone can improve upon it for you:

Dear

RE: Outstanding Loan debt £xxxxxx

On (date) I lent you £xxx to pay for your car to be repaired. You said that you would pay me back when your got paid. ( what did he actually say?)

I have asked you to repay me on (six?) occasions. At one stage, you confirmed that you would repay the loan. Another time, you said that you thought the transaction at (name of garage) was a gift. On (date) you sent me a text saying: "ok i'll be honest, im not going to give you a penny"

Please pay me the outstanding debt of £200 within 10 days of the date of this letter.

If you do not repay the loan within that time then I shall have no alternative but to issue a county court claim against you for the full amount and my costs.

Your sincerely.



Hope that helps

vaporate

Seriously,

I would suggest leaving it!! It is only £200.

200 Reasons why:

The court will look at this from a black and white view, no emotions or empty promises will come into it. No signed ageement, no grounds for case.

This will be thrown out of court, if it ever reached a court in the first place.

OP, you will just stand to lose more by court costs, small claims fee ect.

Think of the £200 as buying your bf off, and saving you further costs if you were still together in this ill-faited relationship.

Regards :j