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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43965
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was wondering if I could get some legal advise,yesterday I

Customer Question

Hi I was wondering if I could get some legal advise,yesterday I received a mailed a letter of demand of a women I was seeing for a few months last year between October and December 2015 off a lawyer.she demanding I pay back money of a tax bill $6500 that she paid for me without my consent or me asking and also for a Christmas gift BBQ and outdoor setting $'s a brief summary
Started chatting online mid September 2015
Started seeing each other 2/10/15
Jane never work at the time and would stay at my place weeks at a time since 2/10/15
She moved her personal stuff in early November 2015 and left two times after arguments back to Sydney and a week prior to Christmas she moved out permanently
*Bought me and her return trips to bali and accommodation
*bought me bbq and outdoor setting for Christmas
*last big argument was because she wanted to know why i didnt take her out much or buy her gifts i didnt think its was her business as it was only about three months of seeing each other but told her i was paying a tax bill and that i was also bankrupt she didn't believe me and wanted me to prove it to her so i showed her my tax bill and my bankruptcy letter she's believed me then and asked why i didnt tell day when i got back from work she told me she paid my tax bill i never once asked her to pay my tax bill as i didnt have the means to pay her back and was bankrupt she told me not to worry she wanted to help me out because she has the means and didn't expect me to pay her back she just wanted me to be able to do and go places now i didnt have that burden
I never once told her verbally or written that i would repay her and also never asked her to pay my bill
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Did she pay the money?

Customer: replied 8 months ago.
she did but I never asked for her to do it
Expert:  Leon replied 8 months ago.

Good Afternoon

Whether you asked or not is not the issue.

By her paying it and you knowing she has you have accepted the payment.

If you say it is a gift then you do not have to pay it back but you have to have some evidence that it was not a loan.

You have to try and recall any conversation you had with her, or any emails that can back you up.

If this is not the case she would have a good case to sue you and you would have to pay back the money plus interest and legal costs.

You have to try and recall what the discussions were and then respond to the letter accordingly. Anything in writing will also assist you.

Because you did not agree to her paying does not mean you can keep it. It is what her intention was when she paid it. If it was meant to be a gift then you are not liable to pay it back.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 8 months ago.
The thing is Leon there's no emails or text of the such as it was done without my knowledge ,her paying me tax bill I wouldn't of ask as I knew I'd find it hard to pay her back.would I be able to ask to have a repayment plan as I have no money in the bank and just rent
Expert:  Leon replied 8 months ago.

Good Afternoon

You can ask for a repayment plan but it should not be longer than 2 years. The courts would not grant it.

Customer: replied 8 months ago.
Wouldn't it depend on my income? I only get $30000 per year surely they would have to look at that?
Expert:  Leon replied 8 months ago.

It will but if you are negotiating with them now try and pay it off in 2 years

If you go to court you will owe much more plus interest

You should provide them a detailed budget to show what your expenses are and you income so they see what is left

Customer: replied 8 months ago.
I haven't contacted them yet I just want to know where I stood and what my options are so should I email them back and tell them about my financial situation and a repayment plan. What would an Estimate be for me to go to court be?
Expert:  Leon replied 8 months ago.

If you do it yourself it will only cost your time.

If you use a solicitor it will cost you more than you owe.