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    • Paul1211
    • By Paul1211 20th Feb 19, 6:41 PM
    • 18Posts
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    Paul1211
    Ex Partner owes me money, advice please
    • #1
    • 20th Feb 19, 6:41 PM
    Ex Partner owes me money, advice please 20th Feb 19 at 6:41 PM
    Hi

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

    I lent my ex partner a lot of money (into the £ís), 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 hasnít 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
Page 1
    • SweetPotatoPie
    • By SweetPotatoPie 20th Feb 19, 6:44 PM
    • 67 Posts
    • 145 Thanks
    SweetPotatoPie
    • #2
    • 20th Feb 19, 6:44 PM
    • #2
    • 20th Feb 19, 6:44 PM
    Iíve watched Judge Rinder a lot. Apart from that I have zero experience BUT, he always says that if you have evidence that proves itís a loan (eg amount and stating itís a loan not a gift!), then youíll win! Good luck.
    • Savvy_Sue
    • By Savvy_Sue 20th Feb 19, 9:04 PM
    • 39,911 Posts
    • 37,171 Thanks
    Savvy_Sue
    • #3
    • 20th Feb 19, 9:04 PM
    • #3
    • 20th Feb 19, 9:04 PM
    2. What are the chances of winning this claim?
    Originally posted by Paul1211
    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.
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    • tacpot12
    • By tacpot12 20th Feb 19, 9:24 PM
    • 2,606 Posts
    • 2,349 Thanks
    tacpot12
    • #4
    • 20th Feb 19, 9:24 PM
    • #4
    • 20th Feb 19, 9:24 PM
    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.
    • Paul1211
    • By Paul1211 21st Feb 19, 9:52 AM
    • 18 Posts
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    Paul1211
    • #5
    • 21st Feb 19, 9:52 AM
    • #5
    • 21st Feb 19, 9:52 AM
    Sheís 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?
    • Paul1211
    • By Paul1211 21st Feb 19, 9:53 AM
    • 18 Posts
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    Paul1211
    • #6
    • 21st Feb 19, 9:53 AM
    • #6
    • 21st Feb 19, 9:53 AM
    There wasnít 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?
    • Comms69
    • By Comms69 21st Feb 19, 9:58 AM
    • 9,113 Posts
    • 10,547 Thanks
    Comms69
    • #7
    • 21st Feb 19, 9:58 AM
    • #7
    • 21st Feb 19, 9:58 AM
    If you win, and she doesn't pay, she would get a CCJ; that may be enough incentive to pay.
    • efes shareholder
    • By efes shareholder 6th Mar 19, 1:49 PM
    • 563 Posts
    • 1,350 Thanks
    efes shareholder
    • #8
    • 6th Mar 19, 1:49 PM
    • #8
    • 6th Mar 19, 1:49 PM
    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
    • Comms69
    • By Comms69 6th Mar 19, 1:52 PM
    • 9,113 Posts
    • 10,547 Thanks
    Comms69
    • #9
    • 6th Mar 19, 1:52 PM
    • #9
    • 6th Mar 19, 1:52 PM
    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
    Originally posted by efes shareholder


    .... literally that's totally incorrect; the claimant must prove their case.
    • Paul1211
    • By Paul1211 6th Mar 19, 2:29 PM
    • 18 Posts
    • 0 Thanks
    Paul1211
    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?
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