Debt from an Ex Partner

Jonny0000

I have an situation I am looking for some advice with. To cut a long story short, an ex partner and I went our separate ways some time ago. At the time the partner owed me a not insignificant amount of money. (we are talking a few grand)

Prior to break up they had acknowledged the debt and had been through bills etc to ascertain the final sum. At the point of break up they agreed to repay as agreed and backed this up with written confirmation of the amount to be repaid.


The agreement was to pay after a certain date due to work/ study commitments which was fine with me. Over a year later this date came and we spent the best part of 2 months working out a suitable repayment plan to which they agreed.


After one repayment the repayments stopped. On the second missed payment I received an email stating they would not continue paying the debt.


I had demonstrated more than a willingness to resolve the issue amicably and now, for all my patience, it looks like the debt won't be settled.


Where do I stand now? I have gone above and beyond to arrange a repayment plan that suited my ex, waiting for nearly 18 months for it to kick in and now after one payment I get this type of response.


After some digging I have found https://www.moneyclaim.gov.uk/ which is a small claims government run site. Has anybody used this before? Is this the route I should be taking?


If this goes to court am I going to be asked to prove the debt again as bills etc are over 2 years old now and I don't have them.

Thanks in advance

BlushingRose

So, when you loved this person, did you resent giving them the money?
Did they know right from the get-go that this money was a loan or do you only want it back because you're no longer together?

antonia1

Hi jonny, you could try a mediation route. It is less formal than going to small claims court, and if successful may be cheaper. More details here:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195936

Do you have any written agreement that your ex acknowledged the debt?

BlushingRose: I don't think your questions are relevant. It is not a case of IF the ex owes the OP money, just a question of how to get back the sum owed.

BlushingRose

antonia1 wrote: »

BlushingRose: I don't think your questions are relevant. It is not a case of IF the ex owes the OP money, just a question of how to get back the sum owed.

Oh I don't know, I think the question about whether the ex knew it was a loan is relevant.
Blimey, there'd be claims all over the place if everyone claimed back the money they gave/lent/used in a relationship.

McKneff

Surely the fact that one payment was actually made is an acknowledgment of the debt owed.

Hovel_lady

BlushingRose wrote: »

Oh I don't know, I think the question about whether the ex knew it was a loan is relevant.
Blimey, there'd be claims all over the place if everyone claimed back the money they gave/lent/used in a relationship.

See the OP's post...

Jonny0000 wrote: »

I have an situation I am looking for some advice with. To cut a long story short, an ex partner and I went our separate ways some time ago. At the time the partner owed me a not insignificant amount of money. (we are talking a few grand)

Prior to break up they had acknowledged the debt and had been through bills etc to ascertain the final sum. At the point of break up they agreed to repay as agreed and backed this up with written confirmation of the amount to be repaid.


The agreement was to pay after a certain date due to work/ study commitments which was fine with me. Over a year later this date came and we spent the best part of 2 months working out a suitable repayment plan to which they agreed.


After one repayment the repayments stopped. On the second missed payment I received an email stating they would not continue paying the debt.


I had demonstrated more than a willingness to resolve the issue amicably and now, for all my patience, it looks like the debt won't be settled.


Where do I stand now? I have gone above and beyond to arrange a repayment plan that suited my ex, waiting for nearly 18 months for it to kick in and now after one payment I get this type of response.


After some digging I have found https://www.moneyclaim.gov.uk/ which is a small claims government run site. Has anybody used this before? Is this the route I should be taking?


If this goes to court am I going to be asked to prove the debt again as bills etc are over 2 years old now and I don't have them.

Thanks in advance

Jonny0000

I'd agree with antonia1, but as I said 'they had acknowledged the debt'.

Yes they knew and agreed at the time the money was a loan and therefore no I didn't resent lending them the money.

The question was about the best way to claim back the agreed loan.

Thanks for the advice antonia1.

Jonny0000

antonia1 wrote: »

Do you have any written agreement that your ex acknowledged the debt?

In email form, with agreement to a repayment plan.

BlushingRose

Sounds as though you have all you need to take her to court then.

It's a shame you feel you have to, although as it's in the thousands I can see why you would.

Makes me wish I'd taken my ex fianc! to court to get the couple of thou I lent him now...

antonia1

Jonny0000 wrote: »

In email form, with agreement to a repayment plan.

In that case, I'd probably write (not email) to your ex enclosing a copy of the email agreement and repayment plan and say that you expect repayment to commence within a set date (eg 1 month or 6 weeks) or you will seek legal measures for recouping your money. Add that thus far you have been more than reasonable and would like to settle amicably but you do expect the full repayment of the money owed.

Offering one last chance would look better if you do have to take a small claims route.

Also, just because you used to be in a relationship with this person does not mean that you are not entitled to your money back. That would be a ridiculous state of affairs (and would give me good reason to start a relationship with by barclay*card account manager!)