Getting money from my ex g/f.

Hobbin_Rood

Fefesaver, it's Hobbin Rood.

It's an idea, but I'm not 100% sure I still have the statment. And how would I get a duplicate receipt? And please remember she has since used the car I paid for as a trade in for a newer model. How would this affect matters?

The only thing I can remember about the old car is the reg no, not even the exact price paid for it as it's 3 years ago now! Seems silly, but I didn't expect her to steal all the documents relating to it. One thing that may help my case (clutching at straws here) is that the original car had to have a slight repair and I paid for that too - I still have the receipt for that. I could argue this shows I was involved in maintenance and thus at least jointly the owner.

Of course this route means the money for the car is all I could claim back? Other things bought solely on her behalf were a video camera for her dads 50th birthday and various other presents. This excludes what I believe is the rest of the JOINT expenses accrued on the cards (bills / food etc) that she should pay 50% on.

Another thing I'd need to consider is when she moved out she didn't take any of the furniture with her. She could argue the she let me keep all this and this would constitute a big part of the overall debt (I've no idea if that is true!!)

fefesaver

Hi again. Sorry about the name - my typing fingers getting carried away!

If you could trace the person who sold you the car originally you could obtain a receipt (eg garage etc). Our situation was similar in that original car was traded in for a newer car but this did not make any difference as boyf was able to show that he provided funding. His ex did not try to claim it was a gift though. As other people have said above, she was not very happy about the situation and it did not make relations between them any better!

It sound like you need some detailed advice and I wouold suggest going to see a solicitor at least initially. A lot do a free half hour consultation which could answer some of your questions and at least settle your mind a bit on what to do. It is a horrible situation to be in!

Best of luck hon. XXX

Hobbin_Rood

A quick update - managed to get through on the Citizens Advice Phone line.

Guy I spoke to said it was unlikely I would be able to claim the money back as it was effectively my word against hers. Even if you have proof that you bought something it's very hard to show it was intended for joint ownership if the other person argues otherwise. And that's only for the car. The other debts would be much harder to prove where spent for joint purposes.

They then gave me a free legal advice telephone number, as he's not an expert in these matters - see: http://www.rossharper.com/aboutus.html

The person on there was very good. She said the law was changed up for co-habiting couples in May 2006 which made it easier to claim joint ownership of items / debts. As mine was previous to this (2004) then this would not apply, making things more difficult.

She said the only way would be through the sherrif court and the Law of Unjusitified Enrichment, which is very complex and hard to prove, especially with only word of mouth as evidence.

She said the legal bill would run into hundreds if not thousands and therefore would not recommend it unless the figures were in the tens of thousands, not for £4.5k as the chance of success is so slim compared to the outlay involved.

I asked if I could claim back legal costs if I was successful, and she informed me this would only be COURT costs, not the costs incurred for advice/preparation/letters etc which would still mean a big bill.

And all this is assuming I would be successful, which would be extremely unlikely due to the circumstances. I did ask about a sending a letter to see if this works without having to go to court.

I was quoted a fixed initial outlay of £250, which *could* be reduced to around £100-150 if the letter was successful straight away and the bare minimum of time was required in terms of preparation and other work.

Seems a bit steep, other places may do it cheaper but probably not by much. Ah well, looks like I'd be better just dropping it or maybe trying the letter as a last gasp effort (though that money would probably be better spent simply reducing the debt, no?).

At least I'm a bit clearer now.

climbgirl

Hobbin_Rood wrote:

Seems a bit steep, other places may do it cheaper but probably not by much. Ah well, looks like I'd be better just dropping it or maybe trying the letter as a last gasp effort (though that money would probably be better spent simply reducing the debt, no?).

Glad things are clearer, at least you can rest in your own mind that you've pursued every avenue. I'd really advise against any court action though. Without a shred of evidence you'll only end up costing yourself.

Could you try writing the letter yourself? Adapt some of the templates on this site and tell her you're going to pursue court action. As I said before, if she's clueless she might be scared enough to pay up.

A similar situation happened to my friend (she's a lawyer herself!). She wrote to her ex and he actually agreed to (and signed) a repayments agreement. So now she has somehting in writing where he acknowledges the debt is his and he's making repayments. So if he does stop paying, she has a bit more to run with now.

Hobbin_Rood

What / where are these templates you speak of? I think it is worth a try. I could prepare something along the lines of:

Dear X,

£4500 in unpaid debt

---

I am writing to ask you to arrange a repayment schedule within 14 days of the date of this letter or I will be taking legal action against you.

If this proceeds to court as I fully intend it to, I must let you know I will be claiming for you to pay not only the £4.5k in question but all my court costs.

I have spoken to my solicitor at [name of solicitors] and they are confident in my case being successful due to the documentation I have relating to the the joint debts (in particular in relation to the car reg *** ****).

I would be claiming under the Law of Unjustified Enrichment. [bit of jargon to make it look more scary/official?]

Intended course of action:
No reply within 14 days - official letter from Solicitor at [name of solicitor]
No reply to this letter - proceed to the Sherrif Court

signed
Hobbin Rood.

--

Utter rubbish - but worth a shot, eh?

Hobbin_Rood

A longer version of letter to ex, cobbled together with a bit of help from google for a bit of legalese wording on Unjustified Enrichment....any comments?

--

Date: 22/02/07

Dear Miss X,

£4500 in unpaid debt to Mr Hobbin Rood

I am writing to ask you to make contact to arrange a repayment schedule for the amount above within 14 days of the date of this letter or I will be taking legal action against you to reclaim it in full.

If this proceeds to court as I fully intend it to should you not make such arrangements, I must let you know I will be claiming for you to cover not only the £4,500 in question but all court costs incurred unnecessarily for this claim. These are legally enforceable.

I have spoken to my solicitor at [solicitors] and they are confident in my case being successful due to the documentation I have relating to the the joint debts (in particular in relation to the vehicle, registration xx xx xx, which you took for your own sole use without my due consent and then used this as a part payment towards a new vehicle, xxx xxx) and in the personal testimonies from persons of good character that I will call upon to further substantiate my case.

You will be tried under the Scots Law of Unjustified Enrichment. Broadly, unjustified enrichment can be defined as the obligation of one who is enriched, without lawful cause, at the expense of another, to return the enrichment.

Such a claim may only be raised where the party who has suffered loss has no other remedy available. You broke our prior verbal agreement for repayment in 2004. Therefore, I am giving you one final opportunity to return said enrichment of £4500 before I take legal action and commence court proceedings.

Intended course of action:

1.No reply to this letter within allotted 14 day period - official letter from Solicitor at [solicitor].

2.No reply to [solicitors] letter - proceed to the Sherrif Court for claim under the Scots Law of Unjustified Enrichment.

Your sincerely

Hobbin Rood

(copy kept for own file)

asandwhen

I think if your are going to send this letter you really should follow up with a soliciters letter after 14days if she fails to contact you.

I dont think she would take this first letter seriously but if followed up with a soliciters letter I think it may do the trick - might also be worth mentioning getting a CCJ and finding it hard to obtain credit in the future.

angchris

the letter sounds good, send it recorded delivery too so it looks all official;) :rotfl: i hope the lowlife coughs up!

Rach75_3

I am not sure if it's the same in the UK but here in Australia if a car is under finance it can only be in the name of person who has the finance, so how did she trade a car in that wasn't in her name or did you pay cash and get the car put in her name?

zag2me

You would be amazed what a letter sent from a solicitor can accomplish. I think sending the googled personal letter is pretty pointless though.