Advice Please

montycat_2

My niece has just split up with her Boyfriend (2 weeks ago).

In October he paid £560 to pay a loan .

When they split up ,she asked him for Bank details to pay monthly .He didn't supply them but ,this morning she got a Small Claims court letter saying that he wants her to pay the £560 off in 5 months .

Her Income a week is £120 a week and after Water,Gas electric ,petrol etc.She isn't left with much .She also has a 2 year old son to support .


I have just spoken to the ex and asked for his bank details but he hasn't yet supplied them and we have offered to pay £5.00 a month .He was very reluctant to even consider this amount but ,I said that when you do the maths ,her outgoings are more than her income is and he is lucky that she is offering £5.00.
Any advice as to how she should respond to this claim ?

Thank you

jonesMUFCforever

You have to respond to the court.
It is they who will ask ex whether £5 per month is acceptable in the knowledge that if it gets to court she can put her side of the story and inform the court of her financial situation.

They might not take lightly his stubborness.

mountainofdebt

First things first - are you sure it is a small claims court letter - I would ahve thought that if it had got that far then your neice would have 14 days to pay up not 5 months.

The next thing to consider is is she getting all the benefits she's entitled to ?

The next thing to do is to pay this money to her ex - I would advise paying by cheque especially if her ex isn't forthcoming with his details(he may be slow in giving these details so that he can say she isn't willing to pay the loan back)

Will he be askin for interest or does £560 include interest?

TITEASCRAMP

Who's is the loan? Who's name is it in? And was it for something jointly? If thats not being too nosey. Just trying to get a better picture

montycat_2

Hi ,

It is one of those online claim things from the Court .(Is it Makeaclaim .com?)
She has 14 days to reply .

She gets Income support ,Housing benefit ,Council Tax benefit ,Child Benefit and Child Tax Credit .The father of the child is going through a paternity test so ,no income there .

I personally feel that her ex.is acting in anger -I always thought that you only did this after alot of arguing and hassling .

It offers the chance to pay back in a longer time period and ,we have filled in the form .

I just hope he comes to his senses before the Court says "she can only afford 20p a month "

montycat_2

My niece had a loan .Boyfriend paid it off on his credit card last October .it wasn't in joint names and a verbal agreement that she pay it back .

Off course,they were in love then !

TITEASCRAMP

so their is actually no loan to pay back coz he paid HER loan on his credit card. He now want her to repay him coz he paid it. Is that what you mean. Sorry if im being a bit thick lol

montycat_2

Yep,that is it in a nutshell.

TITEASCRAMP

How was she affording the loan if she cant afford to pay him back

montycat_2

She was living at home with her parents and working when she was paying the loanbut now she is in her own flat and not working due to being made redundant .

Is that relevant ?

TITEASCRAMP

Well yes because if he hadnt helped her out she would still have the loan to pay.
He never said it was a gift (or did he)? Its only right she pays him back isnt it. Morally right.