Owed Money by Ex Partner

asoe209

Morning, not sure if this is the right place for this thread. just want to ask a question relating to being paid back some money owed from my ex partner. 

basically she said she would pay back money loaned to her to the sum of £3400. we agreed this could be paid back monthly as its a large sum of cash. however I'm in doubt that she will stick to this especially after a move out from the home we are currently in together. 

I just wondered would an IOU letter / contract be valid if it came to having to take things further (small claims) as right now everything is verbal. 

And if so does anyone have or know of any templates for such a thing.    

Sea_Shell

asoe209 said:

Morning, not sure if this is the right place for this thread. just want to ask a question relating to being paid back some money owed from my ex partner. 

basically she said she would pay back money loaned to her to the sum of £3400. we agreed this could be paid back monthly as its a large sum of cash. however I'm in doubt that she will stick to this especially after a move out from the home we are currently in together. 

I just wondered would an IOU letter / contract be valid if it came to having to take things further (small claims) as right now everything is verbal. 

And if so does anyone have or know of any templates for such a thing.    

Do you have such a document already?     If not, why do you think she'd agree to signing one now?

What if she just says no, and that "it was a gift"?     

Did you put any note in the reference for the bank transfer (assuming that's how you did it), to say "loan for car" or suchlike?

asoe209

Hi, no there is no document already. I cant say that she would agree I mean its just verbal how strong is someone's word? 

Yeah its all back transferred and referenced either saying loan or for what the money was borrowed for. 

I know its sounds like a real odd one to even be thinking or asking. 

Sea_Shell

asoe209 said:

Hi, no there is no document already. I cant say that she would agree I mean its just verbal how strong is someone's word? 

Yeah its all back transferred and referenced either saying loan or for what the money was borrowed for. 

I know its sounds like a real odd one to even be thinking or asking. 

Sadly, on these boards, it is neither odd or unusual.

I think your chances of getting anything back is slim at best.    Would she actually be able to pay you back?   Is the money spent and gone?   

Does she work?     Even if it went to court, and found in your favour, you may only get a token payment agreement of £x per month, if she pleads 'poverty'.

You can't get blood out of a stone.  

AskAsk

any written agreement or notice of the loan would be accepted in court.  emails, text messages, whatsapp messages, but as she has already moved out, i do not think she will agree to sign anything.

what you can do is to ask her in writing for the payment, so a whatsapp message, or better still an email, and get her to engage in conversation about how she is going to pay the loan or agree there is a loan, so in a covert way, then that can be used as evidence that there is a loan and an agreement to pay it back.

before you can take out a claims, you would need to show written evidence that you had attempted to get the loan repaid in a fair and helpful way and that court proceedings were the only course of action left.

asoe209

Hi just to answer some of the above. She would be able to pay it back yes, and I'm being fair with it i did say pay what you can afford so you tell me what that is and we will stick to that.

yes she works. 

we haven't parted living with each other yet, but very close to now likely within the next 2 weeks. 

ok, I can do the text message which if this count should it ever get to that point would be helpful. i did think trying to get her to sign something would not well more so with me moving out soon at most of the household items coming with me.