Small Claim Court threat by Ex-Partner

abbysmum

My ex-partner is threatening to take me to the Small Claims court over debts that he repaid while we were together - can he do this?


The debts were a store card, a credit card and also an overdraft - these debts were incurred due to family expenses (birthday/christmas presents for the children etc) and not my personal debts.


They were paid off as he inherited a substantial amount of money that he has now spent and has nothing left and is living on benefits.


We split up on bad terms and he has since remarried, and is now experiencing severe financial hardship and threatening to take me to court unless I repay this money.


I don't think any statements exist to show what the money was spent on, if this is relevant?? There is no paper agreement in existence to say I would pay this back as it was never a loan - just a family paying off their debts. He has not worked in 12 years and I have solely covered all finances and he is not paying any maintenance for our 3 kids who are living with me, so the idea that he can try and get money out of me is mind boggling!!!!


Does he legally have the right to force me to repay money that was clearly not a loan?


We ran up the debts together and the items purchased were all for the family, nothing for me personally!!! The debts were only in my name as he was unable to get a credit card as he never worked so had no credit history.


The debts were paid off nearly 18 months ago and we split up over a year ago.


HELP!!!!

Guest101

Anyone can take anyone else to court. The court can force you to pay.

If he's not working, he presumebly has nothing with which to pay support.

I expect it's bluster, i doubt he'd go through with it, and doubt even more that he'd win.

RAS

He can take you to court.

If you do not defend the action, he will win.

If you defend the action he may well lose.

Assuming that some of the debt was built up within the last 6 years, it would be worth doing a Subject Access Request (£10) to each of the creditors to get evidence of what the money was spent on.

And to buy a copy of the will from the probate registry for a few quid to prove how much he inherited.

Those documents would help your defence if he does go to court. It take 42 days for a SAR so it would be worth doing it before he actually opens the case.

It could of course all be bluster.

DandelionPatrol

As he has remarried, there must have been a divorce ....

So how does this fir into the financial settlement from the divorce?

Guest101

DandelionPatrol wrote: »

As he has remarried, there must have been a divorce ....

So how does this fir into the financial settlement from the divorce?

Did OP say they were married?

DandelionPatrol

Guest101 wrote: »

Did OP say they were married?

Perhaps I make too much from "has since remarried" rather than "has since married". It is implied, but I will agree, it is not explicit.

Guest101

DandelionPatrol wrote: »

Perhaps I make too much from "has since remarried" rather than "has since married". It is implied, but I will agree, it is not explicit.

Agreed. It started as ex-partner. Not clear.

It's a good question.

moneyistooshorttomention

Guest101 wrote: »

I expect it's bluster, i doubt he'd go through with it, and doubt even more that he'd win.

Seconded.

It sounds like he's clutching at straws and is trying it on, hoping you will fall for it.

abbysmum

Apologies - we were not married and I apologise if me saying re-married caused any confusion

Guest101

abbysmum wrote: »

Apologies - we were not married and I apologise if me saying re-married caused any confusion

Don't worry. The same advice applies. Ignore unless you get court papers.

BigAunty

Remember that he has to convince the judge that the debt is owed. If there is no chain of evidence, like a legal agreement, an email or similar, I can't see how he could succeed. A verbal promise is worth the paper it's written on is one phrase that resonates when it comes to legal disputes.

The subject access request sounds like a good idea to help prepare your defence against what sounds like quite a weak case.

There is a small chance he could initiate legal action because the cost can be low but a much smaller chance of winning the case.

In an absolutely worse case scenario and he wins, the court could take into account your disposable income after essential costs - are you working? Result could be some kind of negotiation of a fairly token sum each month.

For example, tenants that have run up rent arrears and damage on properties who are on benefits (and where the landlord is able to prove with great evidence these things) get asked to pay back their thousands of pounds at a tenner a week...That's why some landlords won't accept Housing Benefit claimants - they can get the judgements in their favour but they are completely unenforceable as you can't get money off someone with little or no income or capital. What's your position?