Advice please regarding promised money

supedro

Hi All

Firstly i apologise if this is the wrong message board, wasn't sure where to write it.

Im writing to see if anyone can advise me on law between engaged couple and financial disputes!

I was seeing a girl long distance(500 miles), for a while and we got engaged after about 8 months. over the next four months we discussed moving closer to each other and i chose to move to her, coz travelling up the country every 2 weeks was expensive.

I had about 8000 credit card debt at the time, and was comfortable with it, had a decent job etc.. on the build up to the move we discussed my debts and both decided that she would handle them when i moved, until i got a job and settled. We also discussed i'd take a loan (2000) out to help with the move, and she'd pay it back once she got her money. she wrote me letters confirming she would do this. she could do this because her sister had passed away and left her 40000 pounds, which was in the legal process and she'd have soon.

after i moved into her place it would have been 2 weeks and she couldn't handle her space being invaded, which was fine, so we both agreed i should move out, and get a place. We clashed a little.

Having no job, financially this was difficult. the money i had would pay a deposit on a flat and last about month and a half rent, plus food.. which i did. i managed to get a job after 3 weeks, which was low paid, which barely covered my living costs, and not my debts

Basically she then ignored me, said she couldn't cope with things, never helped me with credit card bills etc, which made my debts (7 credit cards), go spinning out of spiral, got charged a fortune, and ended up with a really bad credit record and having to go through a debt management scheme.

its now been a year we've split up, she hasn't helped me at all, she got a new boyfriend after 2 months after i moved down and gave him 4 grand.

Its a long story with alot of complications i can't include because of time! I have typed that quickly as possibly above,so pardon any errors.

i gave up everything for a relationship that didn't work out, which is fine.

Is there anythig i can do in small claims that could get some money back? where do i stand? she promised to pay back loan and help me with c.cards, but didn't and it basically messed me up real bad. i have got proof she said this too. Ican prove hardship too.

Any help would be appreciated.

Thanks

msmicawber

Hmm, not sure whether her letters constitute a legal binding contract. I'd recommend contacting a solicitor for a free legal aid interview (you can get details of local solicitors who do this from the Citizens' Advice Bureau). Although I'm sure you couldn't get legal aid for fighting this, you get a free 30 min consultation with a solicitor. If you take your paper work and explain the situation they will explain the legal position to you.

I'm sure someone will be along shortly with more advice.

Good luck.

Bossyboots

msmicawber wrote:

Hmm, not sure whether her letters constitute a legal binding contract. I'd recommend contacting a solicitor for a free legal aid interview (you can get details of local solicitors who do this from the Citizens' Advice Bureau). Although I'm sure you couldn't get legal aid for fighting this, you get a free 30 min consultation with a solicitor. If you take your paper work and explain the situation they will explain the legal position to you.

I'm sure someone will be along shortly with more advice.

Good luck.

You might get legal aid to bring a claim in the civil courts but this would be subject to a means and merits test. You will only get a first interview on legal aid if you pass a means test as well. None of the legal aid will be free if you are successful in recovering money from this lady as you will have to pay your legal fees from that money.

I don't think you have a leg to stand on to be honest.

Emmzi

there is a sticky thread 'lending money to friends' on the loans board which may help.

This seems to be the cheapest way to start legal proceedings which may be enough to scare her into doing the decent thing.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

msmicawber

Bossyboots wrote:

You might get legal aid to bring a claim in the civil courts but this would be subject to a means and merits test. You will only get a first interview on legal aid if you pass a means test as well. None of the legal aid will be free if you are successful in recovering money from this lady as you will have to pay your legal fees from that money.

I don't think you have a leg to stand on to be honest.

Thanks, Bossyboots, I'm obviously out of date. When I did this a few years ago I got a free interview to discuss my problem during which I was given details about legal aid eligibility, etc.. When I decided not to go ahead, I wasn't charged for the initial internview. It's a shame that it has changed as it was a very useful way of getting legal advice for those who can't afford to pay a lawyer's fees, but might be eligible for legal aid.

Bossyboots

msmicawber wrote:

Thanks, Bossyboots, I'm obviously out of date. When I did this a few years ago I got a free interview to discuss my problem during which I was given details about legal aid eligibility, etc.. When I decided not to go ahead, I wasn't charged for the initial internview. It's a shame that it has changed as it was a very useful way of getting legal advice for those who can't afford to pay a lawyer's fees, but might be eligible for legal aid.

It hasn't change in that respect though. It has always been the case that if you successfully recover or preserve money or property, your fees have to be paid but they are paid at the legal aid rates. The legal aid authorities pay the solicitor and you have to pay them back. If, after the first interview, it is clear you do not have a case or would be unlikely to establish sufficient merit to obtain legal aid, you would not be expected to pay for the interview because no recovery or preservation has occurred.

What has been tightened up though is the duty on a solicitor to inform their client that they may have to pay their fees back at the end of proceedings. This was something often not mentioned. Now the legal aid forms have it on them and the solicitor HAS to put it in writing as well.

davek1

Firstly in law a verbal or written agreement to pay money would constitute a contract. Your letters would certainly support that promise and a court would be entitled to take a view of the letters as to whether they support either your claim or that of your opponent.

I don't know how long ago you say this happened but in essence you have 6 years to start a claim in the small claims court. This is a cheap and effective way to recover money with out risk of further cost.

I would suggest you write to your ex partner explaining your losses and asking her for a contribution towards them. You should also send copies of the letters you have from her to support that claim. Note in the letter that if you receive no response or an aoffer to repay within 28 days you will commence proceedings in the County Court. This letter should be headed without predjudice and sent recorded deliver. keep a copy for your records and evidence of posting.

If you get no reply then start your claim. Keep it under £5k for the small claims court.

Good luck but it could get messy!!!

Dave

Dr.Shoe_2

I'm afraid the best you can do is breach of promise.

msmicawber

So, from what Bossyboots says, it is still possible to get a free interview with a solicitor to review your case and let you know whether (a) you've got a case, and (b) whether you can apply for legal aid to pursue it. Why not try this as a first step to find out whether you have a leg to stand on. CABs have details of solicitors who can help. Best of luck.

Bossyboots

msmicawber wrote:

So, from what Bossyboots says, it is still possible to get a free interview with a solicitor to review your case and let you know whether (a) you've got a case, and (b) whether you can apply for legal aid to pursue it. Why not try this as a first step to find out whether you have a leg to stand on. CABs have details of solicitors who can help. Best of luck.

It is subject to a means test though. Be wary of the lists that the CAB have. Solicitors have to be contracted into legal aid work and can only advise in the categories awarded. Therefore, a solicitor who does legal aid, may not be doing so in the particular area of law you require. You would be better ringing the CLS helpline and asking them for a solicitor in your area contracted to do controlled or licensed work in civil litigation. 0845 345 4 345