Ask an UK Law Question, Get an Answer ASAP!
Thanks for your question.
If you can prove that the transfer of the money by your wife to your ex-partner was a loan and not a mere gift then your mother(not you) has cause of action against your ex-partner. You have to formalise your efforts to recover the money owed.
In the first instance your mother should write formally to him setting out her cause of action (eg. details of when it was agreed, making him aware of her proof of payment and asking that he either pay you the sum of money within a defined period (7 or 14 days) or suggests a repayment plan. State that a failure to reply will result in your mother issuing a claim at Court to recover the monies.
If he does not reply, go and see a local solicitor to get him to write you a "letter before intended legal proceedings. This letter before action would essentially contain the information stated in your mother's letter but it will be on headed paper from a firm of solicitors so may in his mind carry more weight and prompt him in to engaging.
If he still does not engage then you have no other option but to issue a claim at Court for the money. Given that the amout of money owed is significantly over the threshold of £5.,000.00 for issuing in the small claims Court I would suggest getting a local solicitor to act for you (or at least in preparng the application to be submitted to Court).
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
Thanks for your reply.
The fact that he has made payments in respect of the money does suggest that he knew it was not a gift and will almost certainly be persuasive to the Court that it was a loan.
Go in posturing to make an application, but mentioning that you would be prepared to have a payment plan put in place (by standing order/direct debit). It would be helpful to have his acknowledgment of the debt and the repayment plan in writing from him.
Please kindly click accept.
No problem. It's not an actual legal application, I phrased it so that in writing to him you should 'posture' (ie. pretend) that you will make an application at Court to recover the monies. This will hopefully scare him in to action.
I hope this clarifies, if so please kindly click accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).