private Loan

[Deleted User]

AnotherJoe wrote: »

Read the OP again. The funeral is long past. At least 18 months.

The OP's marriage to his ex was also presumably 'long past'. At least long enough for her to re-marry and the new husband die, and for her to marry again.

Sounds to me like the OP had a lucky escape - I think that I'd cut my losses and run.

fatbelly

IanMinter59 wrote: »

My Ex wife asked me to lend her £2000 so that she could afford to get her husband cremated etc after his death from Cancer, she said she would repay the money withinn 2-3 months. She has since re-married and has now said that she doesn't have the money but will re-pay me when her husband has sold his house as they are living in the house she has from a housing association. This has now been going on for approx 18 months and i am still told the same. Though I have nothing in writing to say it was a loan I do have text messages from her saying that she will repay me when her husband has sold his house. Is there any time limit on how long I can pursue this debt, I would got to court but I dont want her offering a court to pay £50 a month which would take over 3 and a half years to repay the debt and frankly would be of no benefit to me at that rate. Any advice would be helpful .

Six years from the 'cause of action'

If you can show that the loan was due to be repaid in full after 3 months then six years from that date or from the last time she acknowledged the debt by payment or in writing.

If she did accept liability but could only pay back at £50 per month it is likely a court would accept that. However, it sounds like she might dispute it and that you have no hard evidence of the agreement.

There would be no chance of you securing the debt against the present husband's property.

bris

Text message is more than enough for the reasonable person who hears the case to make a decision.
Small claims court goes on balance of probabilities as well as had evidence, a text saying it would be paid is more than adequate to show it was intended to be paid back.

Shakin_Steve

Although I feel sorry for the fact the your ex's husband died, this is a despicable act. She must have known you couldn't say no. What made you/her think that she'd have the funds to pay you back after two months?

I don't know your present financial situation or whether there are any children by your marriage, but I'd be thinking that two grand might be a price worth paying to be rid of this woman.

IanMinter59

the last contact reagrding this loan was 09/12/16 again saying she will repay once her husband has sold his house so again i have another text that states it is to be re-paid.

lynz68

What you need to remember is the loan was to her not her present husband who is in no way obliged to pay her debts. Does he even know she has told you this?

Lemonsqueezer78

lynz68 wrote: »

What you need to remember is the loan was to her not her present husband who is in no way obliged to pay her debts. Does he even know she has told you this?

That is irrelevant and beside the point. The OP isn't, himself, holding the ex's current husband responsible. All he has is a text from his ex stating she will repay it "when her husband sells his property". The fact that her commitment to repay him happens to coincide with her husband selling his property is nothing to do with the OP. He is not insisting that her husband pays. She was making that commitment herself.

In a lower court, and for an amount like this, all he has to prove - on the balance of probabilities - is that this was a true loan and his ex wife committed to paying it back. Which a text message like this arguably would do. Where she actually gets the money from is her problem, not the posters.

enthusiasticsaver

So she is on her third husband?

I would tell her you need a payment plan now rather than waiting on some event which may or may not happen. Lesson not to lend to friends unless you are prepared to lose it. Sorry for you though as you were obviously trying to do a good thing but she was no longer your wife so you could have said no. There is financial assistance for funerals or she could have asked her husbands or indeed her own family rather than you, her ex. Her third husband is also at liberty to say the debt is nothing to do with him. Your debt is with her so she is the one who needs to step up. Not sure how you stand legally though with no written enforceable agreement.

lynz68

Lemonsqueezer78 wrote: »

That is irrelevant and beside the point. The OP isn't, himself, holding the ex's current husband responsible. All he has is a text from his ex stating she will repay it "when her husband sells his property". The fact that her commitment to repay him happens to coincide with her husband selling his property is nothing to do with the OP. He is not insisting that her husband pays. She was making that commitment herself.

In a lower court, and for an amount like this, all he has to prove - on the balance of probabilities - is that this was a true loan and his ex wife committed to paying it back. Which a text message like this arguably would do. Where she actually gets the money from is her problem, not the posters.

Getting a judgement is one thing but enforcing it is another matter all together. If she has no assets in her name and no source of income other than say relying on her husband or some form of benefits they likelihood of getting the money anytime soon is slim at best. O/P did say he wasn't interested in instalments, though anything is better than nothing. If she chose to ignore the order then your adding even more costs trying to enforce it. You need to know when to cut your losses you can't get blood out of a stone.

Bogalot

Mark, you've already been asked to contact the forum team for permission to post. Please do this before spamming the boards further.