Personal Loan claim from an individual

Lynnette240

Please I would require some advise regarding an issue I have at hand. 

My husband and I are currently separated but before this period, he dubiously borrowed £10K from me a month before this time. His reason was to settle some of his debts to enable us get a mortgage.

I have a Whatsapp confirmation of the payback arrangement and how much we agreed for him to be paying monthly. However, since our separation in the beginning of the year, he has been reluctant to pay. Each time I remind him, he will find a way to avoid this. I have had to pay him his rent deposit contribution whilst trying to remove his name from the tenancy without minding the money being owed as he said it was a separate issue.

In addition, he often brings up a separate issue around an account where we used to manage all household expenses. This account is my personal account which was converted for the running of the house and there was not much left in it when we separated. He contacted me a few weeks after he had left the house demanding a verbal overview to which I provided and at the end I paid him £600 just to avoid stress as I was few weeks pregnant back then. I also realised he was also abusing substances - I have evidence of this on Whatsapp.

Now he has demanded a breakdown of expenses in this account and I'm happy to provide this information (not my bank statement - although I can provide if required). The problem is that he will deny some of the expenses we jointly agreed to ensure he avoids paying me the money being owed. Meanwhile, this man is wanted by debt collectors - one has visited the house asking for him whereabout and also a few letters have been received by debt collectors. 

Any advise will be helpful as the next plan will be to take it to a small claim court since we're unable to resolve this between ourselves. Thank you for your time and assistance. 

Brie

If he owes you and others as well I fear you have little chance of getting any money back, with or without court action.  You might try but I wouldn't spend any money on doing so.  

That said, what does what you both spent prior to him borrowing £10k have to do with anything?  It's the £10k you want back and I would just stick to discussing that.  By all means prepare an account of your spending in case you do go to court and do get asked about it.  But I would keep repeating "that was before I lent you £10k so isn't material to you repaying me the £10k".  

I normally would say that you should never deal with debt collectors, particularly those who come knocking.  But if you want them to stop bothering you give them his current address if you have it.  Obviously they more money they manage to get off him the less you will but, back to the top of the post,  I don't think you'll be getting much in any case.

retiredbanker1

I would accept the money as lost - if you get anything back think of it as a pleasant surprise,

Stop communicating with him about this - just place it in the hands of your solicitor.

DullGreyGuy

Deal with is as part of the divorce and the division of assets/liabilities.

sourcrates

You can have all the court judgements in the world, but nothing can make him pay you if he doesn't want too.