Ex Owes me money but his wages get paid into my bank

PeacefulWaters

What a ridiculous arrangement.

Gavin83

Michminx wrote: »

Help! I need some advice, my ex owes me money and is refusing to pay but his wages still get paid into my bank, can I refuse to give it to him? He moved in with me when he wasn't working and facing eviction and never brought a penny into the house, I paid all the bills, bought all the food and even bought clothes for him while he did nothing, this has left me in a lot of debt and I want to try and get some of it back. Do I have the right to keep his wages?

Was there any agreement at the time he'd pay you back for these or did you just buy them because he was your boyfriend and you didn't imagine you'd split up?

Michminx

There was always an agreement that he would pay me back.

Guest101

Michminx wrote: »

There was always an agreement that he would pay me back.

So you wrote it down?

Annie35

hows it theft if the ex has made arrangement for money to be paid to the op. If ex has changed his mind & wishes to default he can easily change his payment details. OP does not have to go out her way to 'refund' any payments he makes to her.

Guest101

Annie35 wrote: »

hows it theft if the ex has made arrangement for money to be paid to the op. If ex has changed his mind & wishes to default he can easily change his payment details. OP does not have to go out her way to 'refund' any payments he makes to her.

? Because it is? If I give you my phone or wallet to hold and you refuse to give it back, what do you suggest that is?

antrobus

Michminx wrote: »

... Do I have the right to keep his wages?

If you can 'prove' that he owes you money. Then you have the right of set-off.

https://uk.practicallaw.thomsonreuters.com/4-107-7242?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

Malthusian

A complete mess.

If the ex tried to go to court to reclaim his wage payments, and the OP said that he owes her money, has agreed to repay, and the reason he directed his wage payments to her bank account was to pay off the debt, the ex would be in real danger of being laughed out of court, thanks to the fact that he voluntarily chose to have his wages paid to her and didn't tell his employer to change it. (Though if it comes to that the OP should take legal advice.)

If they didn't write down the "agreement to pay me back" it will come down to who the judge thinks is telling the truth on balance of probabilities.

If the ex made a genuine error and mixed up his bank details with the OP's, and the OP refused to hand over the money, it would be theft by finding. But if he consciously chose to have his wage payments paid to the OP there is no chance of that.

Annie35

Guest101 wrote: »

? Because it is? If I give you my phone or wallet to hold and you refuse to give it back, what do you suggest that is?

not the same situation, if i gave you my phone or wallet in exchange of services then asked for it back i couldnt expect it back.

At no point does he have to give her the money, he has chosen to arrange for the money to be paid to her.

Guest101

Annie35 wrote: »

not the same situation, if i gave you my phone or wallet in exchange of services then asked for it back i couldnt expect it back. - but it wasn't given in exchange for services, that's the whole point.

At no point does he have to give her the money, he has chosen to arrange for the money to be paid to her.

Ok, the OP can follow your logic and get arrested
Or follow my logic and not get arrested