Please help, owed money, need it back!!!!

Quentin

Tarambor wrote: »

£35. That's how much it costs to claim via the online service. And the best part is if he doesn't turn up to court its a default win for you even if you actually had no case and would have lost.

No.

The minimum fee for a hearing in the OP's case would be £185.

The op only gets this back if they win and the defendant can pay up.

All subsequent enforcement hearings/applications would cost extra eg. To get bailiffs involved, and again the claimant has to be sure that the defendant has the funds to pay these fees otherwise it's all more money lost!

MEM62

Tarambor wrote: »

It will have an impact. It isn't just borrowing money, you get credit checked for all kinds of things, even things you probably are completely unaware of. It is things like getting a new mobile phone contract, getting a new house phone contract, getting a new internet contract, being able to move and failing credit checks with letting agencies, having to have gas and electric on expensive token meters because he will fail a credit check.

Most of which he can circumvent by lying and using other people as he has done in the past. As I said, this will; have little, if any impact on him.

The OP however, is greatly impacted by it and will chase her money regardless of the futility and additional expense (emotionally and financially) she is costing herself.

OP - Your 'I can't let go' stance will only cause you more grief and expense. If you emotionally cannot let go now you will be even less likely to do so once you have thrown more money at it and frustrated yourself further with a lack of a result. It will eat you up. If he has no tangible assets you cannot recover your money. You will sink deeper into this spiral in an attempt to chase an emotional satisfaction that you will not achieve. You been turned over. Take it, suck it up and move on without causing yourself any further distress than you have already suffered.

MrsL2004

He can afford it. He's a self employed window fitter working 6 sometimes 7 days a week. His reason for me loaning the money was the company he sub contracted for had messed him around with the final payment. He earns a lot. And he turned up in his company van sometimes. So it's not an issue of him not being able to afford to pay me back. It's an issue of him choosing not to.

StopIt

MrsL2004 wrote: »

He can afford it. He's a self employed window fitter working 6 sometimes 7 days a week. His reason for me loaning the money was the company he sub contracted for had messed him around with the final payment. He earns a lot. And he turned up in his company van sometimes. So it's not an issue of him not being able to afford to pay me back. It's an issue of him choosing not to.

If he indeed earns "A lot", why is it one final payment caused him to come running to you? Surely anyone in their own employ will be saving money for tax payments, emergencies etc.


Either he was lying through his proverbial about his income, as this whole thing doesn't make sense, or he's taken you for a complete ride.


Again though, the courts cannot say "Well, you earn a lot so you have to pay this person back or else". They have their powers, which were detailed in the links given to you before.


There's so many red flags popping up I don't know where to start.


1: A seemingly well off self employed person can't cope with one payment issue.


2: This well off person lives with their parents? So little commitments to speak of, where's the money he earns going to?


3: You mention a company van, is this his or just his to use? Important if any claims are pursued.


I'm not going to tell you what to do, but you must know the powers, and limitations of litigation. Instead of saying "Well, he earns lots so I know he can pay me", you have to find evidence of assets that can be seized in place of payment in case of defaulting the judgements. Otherwise, a CCJ, escalated to the High Court will end up with you spending a lot of money for the HCEO to tell you they can't do a darned thing.

MrsL2004

I've been asking myself the same questions believe me. In fact I phoned the company he claimed to work for, thinking maybe even that was a lie! The guy said yes he works for them as a sub contractor, but obviously couldn't say any more. The van belongs to the company not him. He drove a van belonging to the previous company before.

He did mention that he was paying 'a few debts' off, but at the time it was just passing conversation. And I'd imagine the reality is he's in a lot of debt? Not sure if I would be able to find this out somehow? If that was the case, and it did go to court, would they be aware of this?

So yeah. He earns a lot. I don't know where the money goes.

StopIt

MrsL2004 wrote: »

I've been asking myself the same questions believe me. In fact I phoned the company he claimed to work for, thinking maybe even that was a lie! The guy said yes he works for them as a sub contractor, but obviously couldn't say any more. The van belongs to the company not him. He drove a van belonging to the previous company before.

He did mention that he was paying 'a few debts' off, but at the time it was just passing conversation. And I'd imagine the reality is he's in a lot of debt? Not sure if I would be able to find this out somehow? If that was the case, and it did go to court, would they be aware of this?

So yeah. He earns a lot. I don't know where the money goes.

If the van isn't his then it cannot be taken.


If the person is in debt, the likelihood of recovering monies is very much reduced. the HCEO especially uses assets at leverage, so you have to consider the following.


1: They don't own or even live in their own house. This means the assets in the house is not theirs. This makes asset recovery much harder.


2: If they only have a company van and/or their car is on finance, that can't be taken either.


Simply put? No Money, no assets, no payment. Make sure you're not on a hiding to nothing here.

MrsL2004

Maybe I need to go and find him.

comeandgo

You can't know he earns a lot fitting widows as a sub contractor. He will have reduced income as he will have deductions taken for hire or use of van, he will have business expenses. I honestly don't think you know him very well.

MrsL2004

Look. I'm not here to debate whether or not he has lied to me or not. I know he has. This is a very difficult time for me. I am looking for productive comments which might help me get my money back. Trying to convince me that I'm stupid and gullible is not going to help my cause. Thank you anyway.

Candyapple

MrsL2004 wrote: »

Hi. A very long story, I'll try to make it short.
I lent £1320 to my boyfriend, who promised to pay me back. Since he was paid, and was due to start paying, he has gone completely off radar. He lives an hour away, and I have kids and can't get over there to see him. He has completely ignored all my calls and messages for 2 weeks now, and obviously has no intention of paying me back.
I have filed against him via mcol. But I already know he'll ignore it. What happens after the 14 days if he doesn't respond? The guidance is vague and this is new territory to me!!!!!
I was with him for 6 months. And I am devastated that he has done this to me!!!!
Please help, this was all my savings, and even tho I said he could borrow it until he got paid, I need it back!!!
Thank you in advance.

To cut a long story short - your money is long gone. The sooner you come to terms with that, the better.

Come 5th August, even if you did win your claim, that is only step 1. So far you've paid £70 for the money claim. Have a read of the continuing costs below to see exactly how much each further step will cost you:
https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court#enforcement-proceedings

Can you afford those? Given that you've said you gave this man all your savings, do you really have more money to waste chasing this?

He has no tangible possessions. Does not own his own car/van. Lives at home with parents. Has debts. Is self-employed so if push came to shove and lets assume you managed to pay for an attachments earning, all he has to do is play around with his hours/earnings and you get something silly like a nominal amount of £1 a month. It's a lost cause.

Think of it as a life lesson which has cost you £1,320. It could have been worse - it could have cost you ten times that amount. Now you know never to lend anyone money, and certainly not people you have only known for 6 months.

Did you meet him via online dating? A lot of men will purposely target women with kids because they know they are vulnerable. You are not alone though, there are hundreds of stories around of women who have been conned out of thousands so think yourself lucky.

One way you might see some results is by letting him know that you will be reporting him to the police. He could be a known fraudster and you just one in a long line of victims.