New Post Advanced Search

Ex Partner owes me money, advice please

edited 30 November -1 at 1:00AM in MoneySaving Dads
9 replies 3.1K views
Paul1211Paul1211 Forumite
20 posts
edited 30 November -1 at 1:00AM in MoneySaving Dads
Hi

Looking for abit of advice please, any help is greatly appreciated

I lent my ex partner a lot of money (into the £’s), as at the time it seemed the right thing to do. I have in text that it was a loan and must be repayed to which she has admitted . I also sent the money via bank transfer so this has also been registered online as a loan to be repayed.

She split up with me 6 months ago, I have sent messages to her prompting payment to be made, or for her to speak to me and agree on a payment plan moving forwards. I have threatened court action if she hasn’t paid or spoken to me by a set date, which has passed without any payment or communication from her end.

So as it stands, I am taking her to small court to claim the money back. I have a few questions:

1. If this is done online, will I receive letters to my address? (Or Can I add in a correspondence address for all further post to be sent to)

2. What are the chances of winning this claim?

Thank you so much for any help

Replies

  • I’ve watched Judge Rinder a lot. Apart from that I have zero experience BUT, he always says that if you have evidence that proves it’s a loan (eg amount and stating it’s a loan not a gift!), then you’ll win! Good luck.
  • Savvy_SueSavvy_Sue Forumite
    41.9K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Paul1211 wrote: »
    2. What are the chances of winning this claim?
    I can't comment on any of the rest, but even supposing you win, will you get your money back? In other words, is she in a 'can't pay' or 'won't pay' situation? Worth working that one out before you go any further.
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
  • tacpot12tacpot12 Forumite
    3.4K posts
    1,000 Posts Fourth Anniversary
    ✭✭✭✭
    You will receive letters to the address you give. I can't remember if it is possible to change your address, but I'm sure you can't add a correspondence address. The address you give is effectively your address for service, i.e. all formal notices will be served on you at that address, and any court correspondence will be sent there.

    Do you have evidence that your ex agreed to repay you within a certain timeframe, and in installments that you know they could afford? Your ability to win the case will depend on the evidence you have that it was a loan, that it was to be repaid within a certain timeframe, and that the borrower intended to repay.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
  • She’s in a well paid job so she definitely can pay, would the court be able to push this payment as a result of being on a good salary?
  • There wasn’t a time frame arranged, we did discuss over message ( so this has been recorded) that she must pay the money back, and also a monthly fee which she had cancelled and I have questioned. So I feel I have evidence there if needed?
  • Comms69Comms69 Forumite
    12.8K posts
    10,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭✭
    If you win, and she doesn't pay, she would get a CCJ; that may be enough incentive to pay.
  • efes_shareholderefes_shareholder Forumite
    687 posts
    Eighth Anniversary 500 Posts
    ✭✭
    If its under I believe 9k you can issue proceedings through the small claims court

    She would have to prove she doesn't owe the money
  • Comms69Comms69 Forumite
    12.8K posts
    10,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭✭
    If its under I believe 9k you can issue proceedings through the small claims court

    She would have to prove she doesn't owe the money



    .... literally that's totally incorrect; the claimant must prove their case.
  • Paul1211Paul1211 Forumite
    20 posts
    I have evidence to prove my case so am happy to do this. The only thing holding me back is I’m currently living with my parents and want this to remain confidential!.....does anyone know if the letters sent to my address have some form of ‘court’ reference on it whether this be in the form of a logo or writing?
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support