Boyfriend potentially owes his ex money, advice needed please

suicidebob

kitrat wrote: »

Not sure how you've come to that conclusion as I've given very little detail.

It's a fairly common theme in here.

The girl lends the guy money, or takes on a loan for him, usually for a new car. He pays it back for a while, until they break up or he loses his job.

Obviously he's got a new girlfriend and would probably rather spend the money on a week in Benidorm.

kitrat

suicidebob wrote: »

It's a fairly common theme in here.

The girl lends the guy money, or takes on a loan for him, usually for a new car. He pays it back for a while, until they break up or he loses his job.

Obviously he's got a new girlfriend and would probably rather spend the money on a week in Benidorm.

It's a bit different and a bit more complicated than that. Just I have been that ex girlfriend who lent money and then said not to pay it back, I didn't just decide to change my mind when we broke up. Who wants to make a break up more complex than it already is?

FBaby

Unless there was something in writing at the time in which he agreed to pay it back or acknowledged that it was a loan and not a gift between partners. That he has paid her certain sums since can't transmogrify a gift into a loan either.

Well, evidence wise, on one hand you have him saying that she verbally started it was a gift, which of course she will context, whereas she has the firm proof that he started paying her back, so all in all, I think it is a bit easier to assume thathe never considered it a gift until it suited him. Then again, we don't know what it was for, which again could have an implication.

FBaby

kitrat wrote: »

It's a bit different and a bit more complicated than that. Just I have been that ex girlfriend who lent money and then said not to pay it back, I didn't just decide to change my mind when we broke up. Who wants to make a break up more complex than it already is?

The problem is never know what exactly has been said nor the context and morally, it all comes down to this. There is a big difference in giving £1000 when that's 1/5th month income for someone and you do it as a present because the year previously, they gave you that amount as a gift too for instance, and giving what is equivalent to one month's salary after you are being pestered for it after been told that this will pay for that person to take college classes in the evening so they can qualify and then get a better job that will put the couple in a better financial position....except they get out when they get the better paid job and the other see no benefit for it at all.

browneyedbazzi

BitterAndTwisted wrote: »

If she said the money given was a gift there is nothing which can suddenly transform it into a loan. Unless there was something in writing at the time in which he agreed to pay it back or acknowledged that it was a loan and not a gift between partners. That he has paid her certain sums since can't transmogrify a gift into a loan either.

In your b/f's situation I would cease all communication about this and wait until she's issued court documents for the return of the balance. I suspect he's likely to be waiting a very long time indeed.

Morally and legally he owes her nothing and that's what she should have got from him.

Sorry, but you've got it backwards and the legal position wrong.

It's not a matter of a gift being 'transformed' into a loan. It started out as a loan (enforceable contract), then she said he didn't have to repay it which was a promise without any consideration from him (not enforceable). The original contract for the loan would stand.

kitrat

FBaby wrote: »

Well, evidence wise, on one hand you have him saying that she verbally started it was a gift, which of course she will context, whereas she has the firm proof that he started paying her back, so all in all, I think it is a bit easier to assume thathe never considered it a gift until it suited him. Then again, we don't know what it was for, which again could have an implication.

I dont doubt it was a loan at first, and then she later said not to pay her back. But obviously yes he has started paying her back so that looks impossible to prove. I just wonder if it would be beneficial to write a letter offering an amount minus a bit considering she kept all the household furnishings that he paid half of. I believe he's been arguing this from the beginning but she won't accept it. It don't expect she will ever accept it either.

kitrat

The money was for car insurance that they were both named on, but I think he mainly drove the car. Don't know if that complicates it?

Person_one

BigAunty wrote: »

I would get the boyf to ask on the housing forum how he can get his belongings back or be compensated for them.

It sounds like they aren't exactly 'his' belongings though, but household items that they owned jointly.

How old are these items? At most he 'owns' 50% of a lot of second hand goods that aren't going to be worth much now, and presumably he wasn't in a position to take them away at the time.

kitrat

Person_one wrote: »

It sounds like they aren't exactly 'his' belongings though, but household items that they owned jointly.

How old are these items? At most he 'owns' 50% of a lot of second hand goods that aren't going to be worth much now, and presumably he wasn't in a position to take them away at the time.

Definitely jointly owned. He was only given one morning to come back into then house and remove his things so his ability to take anything away was limited by that. Tricky tricky I dont really know what the consensus is on what to do. It is tempting to offer her a reasonable sum and then leave her to it. He has offered her a further £400 to settle but she has refused it.

Rambosmum

I'd wait for the solicitors letter if I were you - she might be bluffing. In the mean time put the money aside in case it arrives.

If it does arrive then a response, in writing to the solicitor from your boyfriend with a breakdown of the loss of contents against the value of the loan may stave her off.

in the mean time if she tries to contact your boyfriend tell him to tell her all correspondence from now on should be in writing (paper and pen, not text message or email).