Small claims court

missp1982

Hi,

Just after some advice. I borrowed my ex partner some money over the time we were together. This was acknowledged as a loan by him, although no timeframes were put on when he had to pay me back. When we split up he told me he would repay the money but couldn’t do so all in one go. This was over 2 months ago and I have heard nothing from him (obviously) about this and have received nothing.

My question is, can I pursue this through the small claims court (the only evidence I have is the bank statements showing the transfers and the messages saying he’d pay me back at the time I loaned it and then again after we split up) or is there little point?



If I did and it was found in my favour, how would I get the money as he is self-employed and his only assest is a vehicle which is on finance (still lives at home).

And I know it was an incredibly stupid thing to do now looking back on it. At the time I wasn’t to know what would happen and should have been stricter on him paying me back.

Any advice appreciated.

lincroft1710

As you did not put a time limit when he was to pay you back, there seems little point at the moment. How much are we talking about?

Geoff1963

There's no point in suing someone who can't pay ; and if there was no agreed repayment date, you can't get the court to enforce a late payment.

There is only a little proof that he borrowed money, but also no proof that he didn't pay you back. He could take out a bank loan, withdraw the cash, arrange to meet you ; and if asked afterwards, he would say that's when he handed it over. You might even get a text that evening, saying, "Glad we are all square now, sorry it took so long".

Does he ever hassle you about anything, or is he keeping away because he owes you money ? For a permanent separation, that might be worth the money.

missp1982

It's £800. Never again will I be so stupid.

missp1982

He would never arrange to meet me, avoiding me. My messages deliver but he doesn't reply. Suppose I was just hoping there'd be some way round it but not looking likely.

Just a lot of money to lose, especially when I trusted this person but this is just another way he's showing his colours.

Thank you for the help.

Guest101

missp1982 wrote: »

Hi,

Just after some advice. I borrowed - lent* my ex partner some money over the time we were together - unlikely to be enforceable, unless we're talking a large single sum . This was acknowledged as a loan by him - how? , although no timeframes were put on when he had to pay me back. When we split up he told me he would repay the money but couldn’t do so all in one go. This was over 2 months ago and I have heard nothing from him (obviously) about this and have received nothing. - Have you asked?

My question is, can I pursue this through the small claims court (the only evidence I have is the bank statements showing the transfers and the messages saying he’d pay me back at the time I loaned it and then again after we split up) or is there little point? - how much?



If I did and it was found in my favour, how would I get the money as he is self-employed and his only assest is a vehicle which is on finance (still lives at home). - Seems unlikely, but he'd have a CCJ will would atleast help others know better

And I know it was an incredibly stupid thing to do now looking back on it. At the time I wasn’t to know what would happen and should have been stricter on him paying me back.

Any advice appreciated.

Answer questions above please


was it £800 in one go? or lots of little things?

LandyAndy

I would definitely send him a letter before action. That is often enough for people to realise that you are taking it seriously.


If he doesn't respond to that then you have to decide if you wish to issue court proceedings. This will cost you £60 via money claim online. Only you can decide if that is a good investment. The amount will be added to your claim.


If you do then receiving court papers may well spur him, or his parents, into action.


If he disputes it then you can have your day in court. If he doesn't then you can get judgement which may or may not result in you getting your money back.

missp1982

Guest101 wrote: »

Answer questions above please


was it £800 in one go? or lots of little things?

It was in total a lot more than £800, was £1700 and some of it has been paid back. The £800 is what is outstanding.


I presumed he had acknowledged it because in the messages when he asked to borrow it he said he would pay it back. And since we have split he has also said he will pay it back but that he doesnt have the funds to do it all in one go.

missp1982

LandyAndy wrote: »

I would definitely send him a letter before action. That is often enough for people to realise that you are taking it seriously.


If he doesn't respond to that then you have to decide if you wish to issue court proceedings. This will cost you £60 via money claim online. Only you can decide if that is a good investment. The amount will be added to your claim.




If you do then receiving court papers may well spur him, or his parents, into action.


If he disputes it then you can have your day in court. If he doesn't then you can get judgement which may or may not result in you getting your money back.

I have messaged him and told him i will take it further but he has not replied. I can see that he has read the message though.


I'm not sure what to do, seems little point if i'm unlikely to get anywhere. Him having a CCJ doesnt really help me out financially. His mum is aware and had said she would speak to him about it, but hes a grown man so she cant force him to do anything.



As he is self employed, he would probably ensure there was a way for him not to pay me back!

Geoff1963

To missp1982, £800. Ouch.

It is always the ones we trust, who betray us ; no-one else gets close enough.

Imagine 10 years down the line, you are married with 2.4 kids and an alcoholic wife-beating husband. It's not nice what happened, but try to consider yourself lucky.

Malthusian

missp1982 wrote: »

It was in total a lot more than £800, was £1700 and some of it has been paid back. The £800 is what is outstanding.

Good news as the fact that he paid some of it back is strong evidence in your favour that it was a debt, and not a gift from one partner to another.

Obviously this doesn't change the fact that he doesn't have the money. But he may one day win the lottery, or get an inheritance, or sort his life out, at which point he can pay it back. Personally I would pay the £60 and go to small claims court. But only if I could afford to write off £60.