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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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how do i go about getting my ex partner to pay back my girls

Customer Question

how do i go about getting my ex partner to pay back my girls money he borrowed from them
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Was it understood to be a loan, rather than a gift of money?

 

If so can you prove it by documentary evidence? eg. Email, text etc.


Tom

Customer: replied 3 years ago.

i have it via email that he owes the girls money which he knows he borrowed (thats how it was worded) he was ment to pay it back last june. all he replys now is he will pay it back when he can afford it but has now moved to new zealand.

he pays no mantenance for his daughter.

ive had to go bankrupt in january as he left me in loads of debt ie loans, credit cards etc..

he reckons he moved to new zealand then applyed for a work visa... now he is getting married to a aussie girl (so he reckons) how true is this and what r the chances of me being able to track him down to get the money he owes.

(he parents know where he is but wont let on and all i have to contact him is a email address)

Expert:  Thomas replied 3 years ago.

He lives in New Zealand, correct?

 

Tom

Customer: replied 3 years ago.

well so he says but it dont seem to add up.

we split up in september

he moved to new zealand in january but without a visa he reckons he was applying for 1 while he was out there

Expert:  Thomas replied 3 years ago.

If he's in New Zealand then you're going to have to sue him there for the money. You will have to issue in an NZ Court. You would have to speak to an NZ solicitor about that. It won't be as difficult as it sounds.

 

If he is in the UK then your daughter can issue herself here using http://www.moneyclaim.gov.uk/. This is HMCS's online money claim service in which you can issue an application for judgment on monies owed. It's very easy to use but you will need a UK address for your ex-partner. You would have to submit the evidence you have showing that the arrangement was understood to be a loan and not a gift.

 

You should write to him first asking for repayment of the monies, or a proposed payment plan, within 7 days of the date of the letter. If this time expires.

 

If he does not pay maintenance for his child then you need to contact the Child Support Agency here. If he does not pay the amount he should then you can obtain a maintenance order through the CSA. There is a process called the

Reciprocal Enforcement of Maintenance Orders which means that UK child maintenance orders can be enforced against others in certain countries (NZ being one of them).

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Customer: replied 3 years ago.

so how do i go about contacting a nz solictor?? also is it correct i need to put this in writing to his uk address ie his mums address as thats where was last staying.

also my daughters r 7 and 2 so i will need 2 represent them. is there a solicitor in wisbech cambs or downham market that would be able to help me as i dont know where to start.

Customer: replied 3 years ago.
would a local solictor be able to help me to try and get my kids monie back from him
Expert:  Thomas replied 3 years ago.

Hi,

 

You can find New Zealand solicitors using their Law Society's find a solicitor page:-

http://www.lawsociety.org.nz/home/for_the_public/find_a_lawyer

I would pick someone who practice reasonably close to where he is.

 

You will have to write to his last known address, yes. If you wish for a solicitor to help you in issuing your claim against him here then you can use the law society's website to locate solicitors near you using your postcode:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Select "civil litigation"" from the drop down menu.

 

A local solicitor would be able to to help you in getting money back from him for maintenance as well. Use the CSA in regard the his non-payment of child support initially though. That's the first thing you need to do tomorrow:-

http://www.csa.gov.uk/en/contact/

 

Trust this clarifies, if so please click accept. I will continue to answer your follow up questions, this thread will not close.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

i dont know where abouts in nz he is living but will they be able 2 find out where he is living via his partners name.

i have been in touch with csa but they state they cant get hold of him if he is in another country.

also i didnt think u was able to move to nz if u owed money, and he owes in of sum of at least 35k.

is there anyway i could trace where his whereabouts is

Expert:  Thomas replied 3 years ago.

Please click accept and I will answer your follow up question.

 

Kind regards,


Tom

Expert:  Thomas replied 3 years ago.

There will be enquiry agents in NZ who can trace where is is in the same way that agents are available for the same purpose here. If he has applied for a visa and obtained it then there will be records on the address at which he is to live in NZ. This will help.

 

Your solicitor will help you and contact an agent on your behalf.

 

You can also obtain judgment on the monies here if you have his last know address. For that amount of money you should see a local civil litigation solicitor and ask for a no win now fee arrangement after you have shown them your proof of the loan.

 

You will have to also see a local family solicitor about getting an order in respect of the child maintenance.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
how will that work as im on benifits am i still able to get legal aid for this or will this not be avalable for me
Expert:  Thomas replied 3 years ago.

You may be able to get legal aid, your solicitor will be able to assess this for you.


You can use www.resolution.org.uk asking them to refer you to family solicitors in your area with a legal aid certificate.


Tom

 

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