Can i make a claim

skintwellie

Hi,

I was just wondering if anyone has had any experience of or advice about my problem.

My ex partner lived with me for over 11 years in my HA house. Throughout that time he never paid any rent/keep saying that he had to pay his mortgage until he got divorced and the house was sold. Not only did I keep him, I paid when we went out, for his holidays, his car, his clothes, etc, etc. I even lent him £5,500 so that he could pay his mortgage when he was out of work.

He promised that he would repay me when his house was sold and buy us a place abroad. Years dragged on and despite me gently pushing him to divorce and sort out his finances, he just kept coming out with (plausible) excuses.

Eventually I wised up and gave him an ultimatum. Needless to say he again promised the earth but delivered nothing! I threw him and his stuff out and he slunk back to the matrimonial home!

I did get him to sign to say that he would repay the £5,500 at £150 per month. He made a few payments then stopped paying when he moved into his own flat saying he would pay in full as his house had been sold.

I have checked on the Internet and his house s still on the market! I have had enough - he stands to get at least £150,000 from the sale of his house. If he had paid me just £25 per week during the time he lived with me I would now be over £10,000 better off! I am now on Benefits and was wondering if I can make a claim against him for rent, etc and how do I make him cough up for the remaining money/loan that he has agreed to pay back.

Any help/advice greatly appreciated. x

BitterAndTwisted

Take him to court for the balance of the money he promised you. That signed note and the few payments he made against the original five and half grand would prove very compelling indeed to a court. The hard part will be actually enforcing it.


Back-charging him for rent and all the other bills you covered is a non-starter. You acted in good faith and he didn't and that's the end of that.

sulkisu

The agreement was that he would pay you in full when his house is sold. He hasn't sold the house yet, therefore he has not yet breached the agreement.

Although he made a few payments of £150, he then stopped paying and said that he would repay you in full once the house was sold. You consented to this - you didn't say 'No, I want the payments to continue and unless they do I will take legal action immediately' and then acted on this at the time. Therefore your consent is implied.

You can take him to court, but while the house is still on the market, I doubt that your action will succeed.

Alikay

Put it down to experience and move on: You'll now be able to save a bit on your council tax as a single occupant (assuming you now live alone), and won't have to fork out for his share of groceries, clothes, entertainment etc.

If you go though small claims court for the money you lent him, it'll cost you time, money and emotional energy, and whether he'll actually pay up even if ordered to is doubtful.

Just draw a line under the whole thing and move on...

MEM62

The question that immediately springs to mind is why you completely supported this guy financially for over 11 years? The guy was a chancer who rode his luck until you finally forced the issue - then he left.

I don't think you stand any chance of retrospective rent/bills. You may be successful in a claim for the money you lent him if he has any income or assets with which to settle but the unfortunate truth is that you will probably just have to chalk this one up to a very hash life-lesson.

Joons

Sounds like a case for Judge Judy but even she wouldn't award you anything, put it down to experience and don't ever be so quick to part with your cash, for anyone. The court may indeed award you a claim but getting him to pay will probably be impossible, he paid nothing when you were together, what are the chances of him paying now you're not?

skintwellie

Thanks guys for all your help and advice. You are all right in saying that I need to put it down to experience and move on! Just very annoying that he ends up with a huge pot and I end up with nothing. Hey Ho I have a new man and don't want to jeopardise things with him by becoming bitter and twisted!! (New guy is lovely - straight to the point, upfront and generous).
Will see if ex pays the rest of the loan once his house has actually been sold. If not I think the threat of Court might be enough to get him to cough up, especially when he has a nice wad in the bank.
Thanks again all. xxx

meritaten

take him to court - he signed an IOU and that should be enough.