Verbal agreement

lfearnley1

Small claims for money owed verbal agreement
Hello, I'm new to the forum but have found the information valuable in the past - in 2007 following my husband leaving and leaving me with paying the mortgage, 7000 in debt, clearing all savings accounts (including the children's), myself and my two children were left in a mess. I retrained and continued to work - at the time I was trying to maintain normality for the boys and never stopped contact with the other side of the family, we have received only £900 in csa in 8 years, my faith in them is rock bottom. At the time when my ex husband had left I was taken to court by the bank as I had been left with the £7000 debt - my ex in laws had been sending money out to Spain for him to set up his new life, but left us to struggle - I asked my ex father in law to contribute to the debt as he was happily sending money over to Spain whilst we had food bank deliver food packages. He agreed to £20 a month and took my bank details and sort code. I calculated that the part of the debt that that was meant to help with would be paid by feb 2015, when I contacted the bank they informed me that the only contributions recorded were mine and the balance was still -£800 pounds - basically he never paid a penny to help. I contacted him ànd he denied ever agreeing to help - saying that he would have never offered to help me - he has a new wife who was screaming in the background "how dare you" etc - I am furious, £20 a month is a very small contribution, he knows that we do not receive any child maintenance. I am fed up being the nice guy and would like to take him to court to claim this money - does anyone think I stand a chance at all? I know I should have been less trusting but I hoped that he was trying to help a bit - thanks in advance

Poppops

I doubt it.

Firstly it is his word against yours. Secondly, I think anyone would be surprised you haven't checked in all these years, and thirdly, and most importantly, it isn't your ex FiL's debt.

At the end of the day he can do what he likes with his money can't he? And he chose to give it to his son.

Unfortunately

LilElvis

Unless you have anything in writing, such as e-mails, then you haven't a hope.

Sadly the old saying, "like father, like son", seems to be true in this case.

I'm sure you are doing a great job as a Mum and, in time, this will reap rewards with children who are responsible and caring - everything that their father isn't.

TBagpuss

Unfortunately you don't have any claim against your ex FIL. He basically offered to give you a gift, and then did not deliver. It's not an enforceable promise.
Was the debt in you and your ex's joint names? If so,. you could give the bank all the information you have about your ex and his whereabouts and suggest they pursue him as well as you.

Is your ex still in Spain? If so, and if he has any assets or income, it may be worth making enquiries as to whether you could make a claim for child support under Schedule 1 of the Children Act - which could then be enforced in Spain. However, only go down that route if you are confident that he does have assets and income and after getting advice from a dual qualified English / Spanish lawyer about the prospects of a successful enforcement.

Guest101

lfearnley1 wrote: »

Small claims for money owed verbal agreement
Hello, I'm new to the forum but have found the information valuable in the past - in 2007 following my husband leaving and leaving me with paying the mortgage, 7000 in debt, clearing all savings accounts (including the children's), myself and my two children were left in a mess. I retrained and continued to work - at the time I was trying to maintain normality for the boys and never stopped contact with the other side of the family, we have received only £900 in csa in 8 years, my faith in them is rock bottom. At the time when my ex husband had left I was taken to court by the bank as I had been left with the £7000 debt - my ex in laws had been sending money out to Spain for him to set up his new life, but left us to struggle - I asked my ex father in law to contribute to the debt as he was happily sending money over to Spain whilst we had food bank deliver food packages. He agreed to £20 a month and took my bank details and sort code. I calculated that the part of the debt that that was meant to help with would be paid by feb 2015, when I contacted the bank they informed me that the only contributions recorded were mine and the balance was still -£800 pounds - basically he never paid a penny to help. I contacted him ànd he denied ever agreeing to help - saying that he would have never offered to help me - he has a new wife who was screaming in the background "how dare you" etc - I am furious, £20 a month is a very small contribution, he knows that we do not receive any child maintenance. I am fed up being the nice guy and would like to take him to court to claim this money - does anyone think I stand a chance at all? I know I should have been less trusting but I hoped that he was trying to help a bit - thanks in advance

No.

There's really not very much of a chance at all that a court would find this to be in any way a legal agreement to take over the debt.

Why you havent pursued child maintenance is beyond me....

eskimo26

Did you say your allowing contact with the children? I'll get shouted down now but I would cut all contact period. Why should you have to deal with these toxic people, they are not your problem anymore. Cut ALL contact get on with your life and pursue maintenance ASAP.