Small claims court query

weeble78

Not sure if this is the right place to post, but here goes:

Last dec I sold my flat - my boyfriend blackmailed me into covering all costs saying he wouldn't sign unless I paid everything.
Is there any way of taking him to small claims court to claim back some of the costs?
I have the emails of the conversation where he said he wouldn't sign unless I paid. He believed I should pay because I had more money.
I don't care about the cost, I just want to make him take some responsibility.
Thanks

lincroft1710

As there was no agreement that he would pay anything towards your costs, it is very doubtful that you would get a judgement in your favour. Also you say it was "my" flat why did your boyfriend have to sign anything and why should he be liable for any costs?

weeble78

Hi, thanks for the reply.

It was our flat we purchased together, and he instigated the sale, agreeing to pay half. It was only on the day it needed signing that he backed out of paying.

He had a history of stealing money from me and has several bailiffs after him.

lincroft1710

Even if you took it to court and won, from your description of him, I doubt you would see any actual money, especially as he is already being pursued for debt. One more person owed is unlikely to stir him into taking any responsibility for his life.

But before we get to that stage, some matters need clearing up. When I've sold property, the solicitors have deducted both their and the estate agent's fees before sending the cheque for the sale proceeds. So what costs were involved that he didn't contribute to?

The court might take the view that you changed your mind about splitting the costs as you agreed to waive his share if he signed. As he was the one who wanted to sell it would have made more sense if you had been the one who refused to sign and "blackmailed" him. If you have no written agreement that he would pay half, then you may find it's his word against yours (if he turns up at court) and the e-mails do suggest you agreed to pay all the costs. Although it would be reasonable to expect both vendors to share the costs of a sale, it does not necessarily follow that this would happen.

You need to really think if this would be worthwhile, it will cost you money to file a claim and if there is little or no hope of you winning or him paying, that's more money you've lost.

Is he still your boyfriend or is he now your ex.

weeble78

Hi
Thanks so much for your reply. He was my ex and that was why we decided to sell.
At the beginning, we put the mortgage costs onto the mortgage and agreed to pay this off with the mortgage. I contributed most of the mortgage payments as he usually didn't pay - and it all came out of my bank account.
I'm aware that he probably wouldn't pay up, but it's more about getting it made official that he should have taken responsibility for paying his share, and also not blackmailing me if you can understand that. He put me and my family through absolute hell and has left me in debt, while he's skipped off with my money and with no responsibilities.
On selling the property the solicitor deducted all fees from the proceeds yes - what was left over was the deposit I'd saved up, i.e. my money. Essentially I'd paid for everything agian.

And I didn't agree to pay so he'd sign straight off, I was forced into agreeing as I had to sell. His and his family's argument for him not paying was that I had more money - because I save and work hard to build a nest egg. He lives off mum and dad's money and loans and money he gets fro other people.

podperson

I understand how frustrating it must be for you but it sounds like he is out of your life now and after already costing you a lot of money do you really want to throw away some more on him just to try and get some justification that he was in the wrong? You know he was, I'm sure everyone you know knows he was but you don't have a lot of chance of a court saying so without more proof then it sounds like you have.

lincroft1710

I agree with podperson. It's a bitter pill to swallow. Although you could prove to a court that he "forced" you into agreeing to pay all the fees, that doesn't prove he reneged on a previous agreement. A court may well view your claim as that of a disgruntled ex wanting to get revenge (I don't of course).

As he already has bailiffs chasing him he probably has CCJs and one more won't worry him. If I thought you had a strong case and had a chance of getting some money off him, I would advise you to go ahead, but I don't see either happening.

dancingfairy

Is it worth your time and effort? I believe it costs about 50 pounds to file a small claim online. IF you won you'd have to try and enforce the judgement to get any money out of him - unless you just want him to have a CCJ of course.
df