Small claims court for getting money back from ex

chuckles1066

wireframe wrote:

Its not "dead in the water", god you people are pessimistic sometimes. Never watch Judge Judy?

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

what colour is the sky in your world?

And who, or what, is "Judge Judy"?

jennarothen

he may say that he repaid u in cash and there is no proof either ways. however if u take him to court cant u get a no win no fee solicitor to help then if u loose u may lose the 700 but nothing else

Rex_Mundi

You would never get a solicitor to take this on as no win no fee. They would realise that the claimant doesn't stand any chance of winning this in court. A judge cannot order a loan to be repaid when there is no evidence/agreement of a loan being made in the first place. There are so many plausible ways to explain the transfer of money between a couples accounts, you wouldn't even need a solicitor to explain the £800/£100 transfers if you were defending the case.

Issuing a court claim for this money would be throwing good money after bad.

chuckles1066

Rex_Mundi wrote:

You would never get a solicitor to take this on as no win no fee. They would realise that the claimant doesn't stand any chance of winning this in court. A judge cannot order a loan to be repaid when there is no evidence/agreement of a loan being made in the first place. There are so many plausible ways to explain the transfer of money between a couples accounts, you wouldn't even need a solicitor to explain the £800/£100 transfers if you were defending the case.

Issuing a court claim for this money would be throwing good money after bad.

I agree 100% but apparently you've never heard of "Judge Judy"?

:rotfl: :rotfl: :rotfl: :rotfl:

wireframe_2

"Never watch Judge Judy? I hope you are joking!"
"apparently you've never heard of "Judge Judy"?"

It was an example that I thought you may have heard of. If I'd have quoted you a legal statute, would that have made it clearer for you?
Don't pursue it then. Makes no odds to me. You're a fool to loan/give any money without a written receipt.

Rex_Mundi

chuckles1066 wrote:

I agree 100% but apparently you've never heard of "Judge Judy"?

:rotfl: :rotfl: :rotfl: :rotfl:

:rotfl:

Actually, I'm embarrased to admit I've seen a couple of her programs. My OH loves her american schlock programs, and this is one of them.

Even knowing how judge Judy works..........I'm still absolutely adamant that this case doesn't stand a chance in court.:p

Avoriaz

I suggest that you ignore the comments from those saying it is a waste of time to take action.

Your friend could write to her ex along the lines of wireframe’s post. If that does not work she could issue proceedings in the County Court. She will only need to write a simple statement detailing the facts of the matter on a form with the required details of names, addresses etc and submit that to the court along with the fee.

The case will be allocated to a court process, almost certainly the small claims track. When the case is listed to be heard, she should attend the hearing and give her side of the story. If he attends he will have the opportunity to give his side. Judges are not stupid and are usually quite experienced at finding the probable truth from conflicting stories. She does not need a loan agreement in writing, she just needs to show to the satisfaction of the judge that the money changed hands and was a loan and not a gift.

He will have to convince the judge that it was something other than a loan. How will he explain the fact that he set up a direct debit, made one payment and then cancelled the direct debit? He will need a very creative and convincing story to persuade a judge that this was not a loan.

Going to court is always risky but, under the small claims track she risks no more than the fee and her time and trouble and she has some prospect of success.

Personally I would risk £80 ( if that is the fee) for the realistic chance of recovering £700.

She should bear in mind that, even if she wins, that is no guarantee that he will pay the money. She may have to take further action to enforce the judgement against him. She should be sure that he has the money or assets against which any judgement can be enforced. If he is broke and on benefits there is little point winning judgement against him.

These are just my opinions based on a little experience of small claims cases, both as claimant and as defendant. I am not legally qualified in any way so you should double check my advice with the CAB or a solicitor. Some solicitors offer a free service where they will give you 15 minutes or so to assess the worthiness of your case.

elisebutt65

Thanks for all repliees - sorry I haven't been able to get back sooner - Xmas and all that. My friend and her ex never lived together or anything like that so it won't be as easy as some has said for him to wiggle out of saying it was just a transfer between accounts - it was a 1 time only deal.

I've advised her to send a letter first -she is now having problems finding a current address - looking on B4U search etc as he seems to be a slippery character - sigh. I've told her to use all means necessary to get the address as she will need this for court and letters.(legally that is - lol)

Anyway at least it's a good lesson for later on - never a borrower or lender be etc etc etc.

Thanks folks - will let you know what transpires.