Needing Urgent Advice Please!

ShadowsWake

I am wanting to enquire about a matter which has been affecting me for nearly three years now. Approximately three years ago I was in a controlling relationship, and just before the relationship ended my boyfriend broke my laptop intentionally by throwing a glass of water on to it. To ensure I wouldn't finish the relationship with him, he blackmailed me by saying he would get me a new laptop as he broke my one, and took a laptop out in his name. Originally, he set it up in his name but with my bank details, so I was paying the monthly installments. After we eventually split up, I offered him the laptop back as I no longer wanted to keep anything associated with him, to which he refused and harassed me (severely) for months (this includes showing up at my mum and dad's home amongst numerous other terrible things - his behaviour was edging on stalking). In between this, I received a letter from the small claims court saying I was due to attend court regarding the matter; my ex boyfriend later called me and set if I agreed to meet up with him he would drop the charges and we could sort it out of court. I remember when we went into the court I was asked to sign a decree or something like that, in which I agreed to keep paying it and something would happen if I stopped.

I eventually agreed to make the monthly payments in return for him not contacting me again. I was paying him initially, but now I'm a University Student I can no longer afford to make the monthly payments. I have offered him the laptop back a countless number of times, but he refuses every time. He has now agreed to take the laptop back into his possession, but said that even after he has the laptop back it is still my obligation to pay the rest of the money due to it, despite it being in his name. His recent e-mails have been threatening and intimidating (and somewhat ill-informed); he said that if I don't continue to pay the laptop when I return it to him a court sheriff will show up at my home and take my mum and dad's assets, despite everything in my house being in my mum and dad's name and nothing in mine).

Where do I stand? Do I have a case? (We are going by Scots Law, just to clarify).

rising_from_the_ashes

Sorry but I'm a wee bit confused - can I just confirm the following

The credit agreement was in his name alone?

Who took you to court - was it your ex or the company that the credit agreement was with?

How much is still outstanding? (can't be a lot now unless charges have been added? do you have a recent statement?)


If I've understood your post right - he has the laptop & the credit agreement is in his name?

If so, why should you pay anything?

ShadowsWake

Thank you for your quick response.

I apologise as I typed that out in a bit of a rage as I'd just received another e-mail threatening bankruptcy, so it doesn't make the best of sense. I will try clarify that now.

Firstly, I'm not entirely sure how much is due as interest has been added. I think it's in the region of £350, but as my ex doesn't give me the statements I'm not entirely sure.

Secondly, I currently have the laptop as he has always refused to take it back. I have thought about just posting it to his address but then I wasn't sure where I would stand if he refused to take it. Now he has agreed to take the laptop back, but said I will still be liable to pay the rest of the money owed as I was paying it originally.

Thirdly, the laptop is in his name alone. When he took the laptop out, he took it out in his name, but gave them my bank details.

Finally, he took me to court, it was nothing to do with the credit agency. Only later did he drop the charges as I agreed to meet with him and we 'sorted' it out of court.

I hope that helps. Any idea where I stand legally?

Thanks again for your response.

Bluegreen143

I used to work as a debt collector, and it would be your ex who would be liable for payments, not you - you have no legal obligation to the finance company. Of course, I guess if you kept the laptop and didn't pay the bills, you ex could have a case against you. But then, if he's refused to take it that isn't your fault! Also, it seems odd that it has such a high balance after three years! I wonder if your ex is being honest with you, or of you're actually much closer to paying it off?

mildredalien

Legally if the debt is in his name he is liable to pay for it no matter what bank details he provided. It sounds like another way for him to gain control over you to be honest. He would have to prove that you agreed to make the payments and then refused to pay them. Have you actually stopped making payments? When was that? Do you know how much the laptop cost to start with or how much you have paid off already? If he is not providing you with the balance or statements than I can't see how he can reasonably ask you to continue paying.

I'd get some legal advice really, this sounds like an extremely abusive situation and the quicker you can sever all contact with him the better. What did he take you to court for?

mildredalien

p.s. have you reported any harassment to the police? If you can build up a case for this then it may go better in your favour if he tries to take you to court again.

[Deleted User]

I agree with the above! BUT

You mention that you signed something at the Court???

"I remember when we went into the court I was asked to sign a decree or something like that, in which I agreed to keep paying it and something would happen if I stopped"

People do you not think this means OP has made a new agreement with the ex to pay for this? I don't think all of you have read the post!!!





Did you attend Court and if so what did you sign?

You are not responsible for his debt, but if you agreed at Court to pay him X then you need to pay him X.

If you can confirm that no Court action was taken and it was all dropped then I guess you have nothing to be concerned about, just make the Police aware of the potential further problems and report facts going forward.

Do confirm...

chesky369

How much have you been paying this man? Is it by cheque, cash or how? Sounds to me as though he wants you to keep paying for the rest of your life.

Who asked you to sign 'the decree'? Did you keep a copy?
What did it say would happen if you stopped paying?

Bailiffs can only take goods that belong to you, not your parents, so you've no need to worry about that. Just tell them never to let any debt collectors over the doorstep.

If I were you, I'd stop paying RIGHT NOW. Change your e-mail address. Keep the stupid laptop - by now it's irrelevant and your ex is only agreeing to take it back if you keep on paying for it!!

Don't make contact with this man - he obviously still wants to control you even at this stage. Don't let him.