Money lending

TonyMMM

Davey83 wrote: »

i want to claim against the ex-gf

Quite understandable, but to do that you would have to show that she was party to a loan agreement (verbal or otherwise) with you.

What part did she play in agreeing and arranging the loan ? Did you discuss it directly with her ?

It sounds more like the loan was to your brother and your claim would be against him - he may then have a claim against his ex (depending on what agreement they had between them).

You haven't said what he is saying about things ?

You can send the ex a "Letter Before Action" setting out your claim, and could start small claim proceedings against her, but from what you have said a win would by no means be guaranteed. At the very least, the proceedings would probably have to be issued against both your brother and his ex, as you say they borrowed the money jointly.

oldhand

No expert but from previous posts on here about similar situations I think your chances are sadly very slim if you have nothing in writing.The lady in question could simply deny ever saying she would pay anything back especially if your brother backs her up.
On the other hand brother could say the money you transferred was money you owed him.
Sorry to find you in such a position but most often the posts on here from people who lent money in good faith has been lent to relatives who then dont pay it back.

Niv

Davey83 wrote: »

As you are all assuming my brother was in money problems and assuming his lifestyle is wrong, can i please correct you all in sticking to the facts and not your opinions.

The loan was to both of them on the basis that when her divorce settlement come through she would repay it. I offered to lend the money interest free on this basis.

Not they have split up, i would still like my money back and the money was for them Both, not just one

I understand that you want to get the money from the ex-gf. What proof do you have that she had anything to do with this loan? So far you have not answered this.

On a side note - what proof do you have that this was a loan to your brother as opposed to a gift? What do you have IN WRITING?

SnowTiger

Davey83 wrote: »

As you are all assuming my brother was in money problems and assuming his lifestyle is wrong, can i please correct you all in sticking to the facts and not your opinions.

Okay.

Fact: your brother asked for the loan.

Fact: you paid the money to your brother.

Fact: your brother promised to repay it.

Gaz83

Davey83 wrote: »

As you are all assuming my brother was in money problems and assuming his lifestyle is wrong, can i please correct you all in sticking to the facts and not your opinions.

I for one am genuinely puzzled as to why other posters might have assumed it was your brother at fault here, champ.

Oh no, wait! I'm not puzzled at all!

Davey83 wrote: »

hi,
Not sure if this is the right place but hoping someone can help me.

My brother asked to borrow £4k to purchase a new sofa with him and his girlfriend. I gave hime the money by trasnferring to his bank account.

He promised to repay once his girlfriend's divorce went through as she was getting some money. Since then they have split, and now his girlfriend is refusing to pay.
Is there anything i can do to get the money back?

You have next to no chance of getting anything back unless you can prove that a) it was a loan and not a gift, and b) that the girlfriend even knew anything about it.

themull1

Have you actually asked your brother to pay it back? Whose got the sofa?

jamesd

Davey83 wrote: »

He promised to repay once his girlfriend's divorce went through as she was getting some money. Since then they have split, and now his girlfriend is refusing to pay.
Is there anything i can do to get the money back?

The first thing to do is consider whether any repayment of the loan is due.

Has her divorce gone through yet? If not, there is currently no debt to pursue because the two conditions for repayment to start hasn't yet been reached: "He promised to repay once his girlfriend's divorce went through" and "she was getting some money". You win in court and all it'd do is say "yes, you're owed the money and once the divorce goes through repayments of whatever must be made".

If the divorce is off and she's staying married then you have more of a problem because now you have a frustrated contract to deal with and do have to try to pursue it.

Davey83 wrote: »

i want to claim against the ex-gf

What is the basis for having any claim at all against the girlfriend? The money wasn't paid to her but to him - his bank account - so what can you provide to a court to show that she owes you anything?

Your statements here suggest that there is no reason at all for you to have any legitimate claim against her, notably your assertion that the brother requested the money and received it and undertook to repay it once certain events happened: "My brother asked to borrow £4k to purchase a new sofa with him and his girlfriend. I gave hime the money by trasnferring to his bank account ... He promised to repay once his girlfriend's divorce went through".

You have a decent claim against your brother because it's probably not really credible that you simply gave him the money for the sofa. Since it's a civil case all you need to do is persuade the court that on a balance of probabilities you're telling the truth about the debt. You can make it an easy win for yourself if you ask him to write a letter setting out the facts as he believes them to be to both you and her. You then produce the letter to the court as proof that he accepts that it was a loan. Better still, ask her to do the same and maybe she'll write that it was a join loan, meaning you can chase them both for it.

Your brother may have a claim against his ex if she made an undertaking to him to pay him the money once the divorce happened. But this isn't a matter for you, it's for him because you appear to have no legal claim at all against her yourself.

Vikipollard

Surely your brother can prove he paid for the sofa out of the money in his account, therefore he can reclaim the sofa. And why is your brother not repaying you?

Doesn't help you get your money back unless he sells it, of course.

It begs the question why, when they knew she was/is to receive a divorce settlement didn't they either (a) wait until it came through or (b) borrow the money themselves, if money management is not an issue for them, and pay it back from the settlement.

Your post says you want to claim from his ex gf, not your brother. That makes no sense, given they allegedly BOTH borrowed the money (that you only paid in to your brother's account).

All this is irrelevant unless you have something in writing from either or both of them agreeing it was a loan. Otherwise, it's a gift you made to your brother, and he chose to spend a ridiculous amount of (your) money on a sofa he presumably no longer has.

thorsoak

Davey83 wrote: »

As you are all assuming my brother was in money problems and assuming his lifestyle is wrong, can i please correct you all in sticking to the facts and not your opinions.

The loan was to both of them on the basis that when her divorce settlement come through she would repay it. I offered to lend the money interest free on this basis.

Not they have split up, i would still like my money back and the money was for them Both, not just one

Who in their right mind would spend £4,000 on a sofa when they are skint? What rubbish! My opinion, true - but if you post on a public forum you should expect opinions.