Making a small claim against my ex - advice needed!

BigAunty

I really don't think the small claims court action needs the rigour that Guest101 cites. The whole point is for a non-legally trained layperson to raise a simple case.

The OP has proof that a debt is owed and not a penny has been contributed.


A proposed payment plan is something the ex can offer and the OP can negotiate either after the final 'letter before action', at the judgement or via an attachment of earnings.

I say the OP should go for it but be aware that resistence to paying may continue even if a successful judgement is made and prepare for this. No need to buy a wig and gown. Plenty of advice online on how to enter relevant information to raise the small claim and prove the claim in court.

BoJangles_2

gabriel1980 wrote: »

If you have evidence of his intention to pay you back, I would say so, but you're going to have to go to small claims court I would think or Judge Rinder.

Judge Rinder is an option but, if successful, the tv company actually will pay you the money and your ex will walk away not having to pay a thing...

samanthabonnes

My ex is very concerned with public appearance (drives a fancy car but doesn't pay his kids child support....) so there is no way he would go on TV about it!

Just wondering if there is anything published about being taken to court in this way? I think that would put him off. Also, does it affect credit scores - this is something he's been very concerned with in the past.

As I said, I'm totally happy for a payment plan - my Dad actually contacted my ex suggesting this, but again he was told there was no debt...

I have more evidence than just a couple of texts. My ex sent me an email asking me to breakdown the money owed so we could sort it out. This is acknowledgement of the debt, isn't it?

samanthabonnes

Also, it's an ex boyfriend - not an ex husband. Does this change things in relation to 'family expenses'?

burlington6

OP, look at it this way.

If the worst thing that can happen is it cost you £800 to find out exactly what this ''man'' is really like.........you've had a result.

It could have cost you more in the long run.

System

My opinion is that a small claim would struggle. The whole thing is totally open ended since the money would be paid back when it could be afforded. Who decides when he can afford it? The OP doesn't have a full SOA for him so it must be up to the ex whether/when he can afford it and nobody else.

With such an open ended agreement if he paid it back in 20 years time it would fulfil the agreement. It is the OP that is now trying to impose a time limit where none was set or agreed to.

Guest101

samanthabonnes wrote: »

My ex is very concerned with public appearance (drives a fancy car but doesn't pay his kids child support....) so there is no way he would go on TV about it!

Just wondering if there is anything published about being taken to court in this way? I think that would put him off. Also, does it affect credit scores - this is something he's been very concerned with in the past.

As I said, I'm totally happy for a payment plan - my Dad actually contacted my ex suggesting this, but again he was told there was no debt...

I have more evidence than just a couple of texts. My ex sent me an email asking me to breakdown the money owed so we could sort it out. This is acknowledgement of the debt, isn't it?

Hiya.

Small claims is a very straight forward process. it's less complicated than judge rinder for a start!

It's you and your ex and a judge in a room, talking. Sat around a table. - As BigAunty said the process is designed for the layperson.

It doesnt affect credit scores. What you have is a civil dispute. The court decides the dispute. If he fails to pay, he could get a CCJ listed against his name. But this only happens if he doesnt pay after the judgement. Losing at court doesnt do anything.

When you sent him the email detailing what was owed, did he then agree? Asking what the debt is, isnt acknowledging the debt.

LilElvis

OP - look on the consumer rights section of the board. There are links to template letters before action, information about the process of making a claim and members who have more experience of the process.

Guest101

samanthabonnes wrote: »

Also, it's an ex boyfriend - not an ex husband. Does this change things in relation to 'family expenses'?

Absolutely not in the slightest.

You lived as a family unit. Marriage is irrelevant for that aspect.

BigAunty

I really don't think the 'affordable' condition nor the other alleged barriers is going to be a big deal.

Defendant (if he turns up to defend the claim, some settle beforehand or don't defend it so the judgement is automatically made in favour of the claimant) says something like 'I can't afford to pay it back' .

So the judge or defendent says something like 'I note in your defence reponse that you have not provided any income details, how much do you earn?' or 'Your ability to pay is irrelevant to the decision making process'.

Many small claims court actions are made against tenants with rent arrears or people on benefits with next to no disposable income - they don't get a judgement made on whether or not they have the means to pay. The process simply means that the claimant has to lump it if they can't successfully enforce payment.

Anyway,if the judgement succeeds and the OP doesn't get a penny, she employs bailiffs that pop round and take his fancy car....