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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I lent my now ex boyfriend 13 000gbp in 2008 it was agreed

Resolved Question:

I lent my now ex boyfriend 13 000gbp in 2008 it was agreed that once he paid off his loan he would pay me the money back. We broke up last year and now his loan is paid off I contacted him a few months ago asking him to pay me the money back.he is now claiming he doesn't have the money and has to much debt to pay me back right now. It was a complicated situation over why I lent him the money so I have no contrAct or proof that I lent him the money. Is this a foolish mistake I will have to accept or is there any way I can get any of my money back?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Have you got anything documentary from him acknowledging the debt or the amount of money he has to repay you?

 

Tom

Customer: replied 4 years ago.
All I have is an email conversation
Expert:  Thomas replied 4 years ago.

Does it acknowledge the whole of the debt and his responsibility to repay you?

 

Does he have income or assets?


Tom

Customer: replied 4 years ago.
it doesn't acknowledge the whole debit no- this is the majority of the conversation-

myself: if you finish paying of your loan in April do you think you would be able to pay me around £100-£200 a month to sort out that money situation?

his response: As for the money a few things have happened and I wont have any spare money now for at least the next year. I would if I could sort it earlier but just being honest as have had some money issues lately.

myself:it was clearly stated at the time that you would pay that money back to me if things didn’t go to plan. I didn’t give you the money to pay off your loans and I don’t care how difficult your money situation is, you borrowed money from me and you need to repay me and if that means borrowing another loan or selling some of your stuff to get that money then so be it.

He didn't reply to my last email and this is the correspondence i have had from him. he has plenty of assets and has a good income although he has a lot of credit card debt
Expert:  Thomas replied 4 years ago.

Do you suppose he would deny the full amount or that it was the loan if you issued a claim?


Tom

Customer: replied 4 years ago.
i don't think he would deny the full amount if i issued a claim no. But then i don't have any proof that i gave him that money so i didn't think i could even claim.
Expert:  Thomas replied 4 years ago.

Okay. Well the key is establishing that it was not a gift between a loving couple but a loan to be repaid. On the basis of the email conversation it appears as if you are pretty much over this burden, it's likely that this will be enough to sue on and issue a claim.


For the sake of certainty about the amount of loan I would let him cool down a bit and then send a surreptitious email stating that "....you're sorry to have pushed him last time about the £ X amount you lent me in 2008 and I appreciate that things are difficult for you. They are for me etc..etc.. but in the end you did agree to pay me the money back and I'm not asking for it all right but need some reassurance that you will pay this back to me...". Tease as much out of him as you can.

 

Something of that nature, hopefully he will acknowledge it and then you have your proof. This is enough to issue but first you might consider leaving it a bit then getting a solicitor to write a letter before action to him giving the background and asking for a structured repayment plan to be offered by him within 7 days otherwise you shall issue a claim. It should cost around £40.00 for this.

 

You can then issue a claim yourself through www.moneyclaim.gov.uk, it's very cheap and pretty easy to use.

 

If this is 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.

Kind regards,

 


Tom

 

 



Edited by Thomas on 7/20/2010 at 6:50 PM EST
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
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