Ex owes me money

Irritatedman

Sorry if this is in the wrong thread.

I have spoke to the CAB today.
Have me some good advise.

However I want to know if anyone has been in a similar situation and what they have done?

My ex partner owes me a good amount of money, they work, and they still have the items I gave them to sell if needed.
Which I'm pretty sure have already been sold via the Internet.

So where do I stand now?
I have proof that the ex agreed they owe me this money and hey have confirmed in writing.
I have bank statements which prove direct transfers to their bank account. We haven't spoke in a while so I'm
Pretty sure I won't be seeing this money again but I'm pretty sure they have sold everything I gave them gifts wise and they are keeping the money for their self.

CAB said I should go to small claims court. Before hand I should write a letter to explain I want my money back.

Has anyone done this before with an ex? As we wernt married I don't know how effective my case will be but money is owed at the end of the day. I did not agree to give my money away.

Thank you for reading.

Mojisola

Irritatedman wrote: »

I'm pretty sure they have sold everything I gave them gifts wise and they are keeping the money for their self.

Anything you gave as a gift is now his/hers and can be sold or kept.

A gift is a gift.

Tixy

If you have written proof that they agreed they owe you money then a court case is an option.

As CAB have said it is advisable to start by sending your ex a letter before action stating that if they do not repay the money owed (or make payment arrangements with you) then you will commence court proceedings.

If you then start court proceedings ex may just ignore the court papers (in which case you win by default) or may claim they have already paid you back (in which case the judge would have to decide).

Gifts that you gave your ex aren't relevant, nor whether they have sold them or not. If your win the court case then you will be awared a county court judgement against your ex. But having a CCJ doesn't mean you will get the money back. Your ex may still refuse to pay you and then you would need to take enforcement action against them to try to get the money from them (and that will cost you more).
If they are employed then an attachment of earnings may be possible (that is where money is deducted from their wages).
If not then you could possibly consider instructing bailiffs - but that said it is pretty easy to keep bailiffs out of the house and therefore they are often unable to repossess any goods or unable to force the debtor to pay up.

Sazzie23

I did take the OH's ex to small claims court on his behalf after her new man p***d me off big style. They paid up !!!

In retrospect I think it was probably pettiness (not a huge amount of money) on my behalf but I'm not sorry I did it. This was a good few years ago now and I believe the cost and risks are greater.

Obviously gifts cannot be included - even if they've been sold, once its a gift, its a gift. If the admission of liability includes the gifts then I think your case is weakened.

Hope it helps

Irritatedman1

Thanks for your replies.

I sent a letter, formal and polite. Proposing a payment in the next couple of weeks, which I believe is fair after selling items that may have been worth aprox £500.

I also suggested a suitable and very kind repayment plan starting from next month.

So I receieved a reply but via voicemail. The ex was livid.
They were angry that I won't leave them alone and I wouldn't have a case in court as I've been harassing them, I think they need a definition of harassment but anyway.
They also stated they have no money to give me and basically left the conversation to never contact them again.

So I'm stuck, please help? Do I write another letter?
I haven't responded to the voicemail and probably won't it was a very brutal angry ex!

Many thanks

fatbelly

You've sent your letter. I presume you said something like 'unless you pay this sum within 14 days I will take county court action against you'

Once the 14 days (or whatever you said) are up then you are OK to start a claim. Do it via MCOL. There is a sliding scale of charges. A £500 claim would cost £35.

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

If you are adding interest at 8% from the date it was due then that would take you over the £500 and the cost is £60. This is added to the value of the claim, which if you win, they will be ordered to repay.

As Tixy said, you do have to consider how you would try to enforce a ccj. And every method carries further costs that are added to the value of the claim.

You also have to consider whether the hassle is worth it, whether you are throwing good money after bad and whether you might not win the case.

Irritatedman1

Great advice. thank you.
I said in the letter if no response I will seek legal advice in 14days.

It would be great to talk to someone privately if anyone is willing?
I don't want to be stung by giving information out over the Internet that could be used against me in court.

I understand people are very busy. If anybody knows of a cheap solicitor I'm willing to pay?

fatbelly

Most high street solicitors will offer this service.

My local solicitor will send a debt collection letter for £25 - in some cases that might be enough to concentrate the debtor's mind.

But if you want them to prepare a claim (something you can quite easily do yourself through MCOL) they will charge £100 for a £500 claim.

I would imagine that if it goes to a hearing and you want further help, costs would rocket at that point.