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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice.
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My ex boyfriend in 2009 helped me pay a debt around £12k on

Customer Question

My ex boyfriend in 2009 helped me pay a debt around £12k on 0% credit cards. He turned this into a loan and insists I pay this which now includes interest. Do I have to pay this or just the original debt?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
Was there a loan agreement entered into with him and have you agreed to him that you owe this money?
Customer: replied 1 year ago.
When we were together it wasnt agreed i would pay anything back as he lived with me. When we split I agreed to pay the original sum. He threatened me with court action if i didnt pay the debit which was now a loan ie the interest. I have not signed anything
Expert:  Thomas Judge replied 1 year ago.
When did you split/agree to pay him?
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you made any payments please?
Sorry for the delay.
Customer: replied 1 year ago.
I have paid back over £9,000 and we split in 2011
Expert:  Jo C. replied 1 year ago.
Ok.
No problem.
When did you make that payment?
Customer: replied 1 year ago.
I have noticed I have been charged £40 on my account despite my question not being fully answered or to my satisfaction.I have paid £250 each month and for a duration of 36 months. I am in a position to pay the remaining £3,000 straight away. However my question is do I have to go along with his request to make payments against a loan that he decided to take that now incurs interest or can I just pay the remaining £3,000 meaning I have paid him £12,000 directly which is the total amount he paid out on my behalf way back in 2009?
Expert:  Jo C. replied 1 year ago.
It depends what he is saying on the point.
If it was a credit card loan then he is probably saying that you agreed to repay the interest so he was not at loss and that probably would be accepted by a court if he sued.
Even if that failed though he would be entitled to interest at the rate of 8% pursuant to the County Court Act if he sued.
Generally speaking, District Judges do try to put the loaning party in the position they would have been in if the loan had been properly repaid. It is not going to be attractive to argue that he should have to bear the brunt of the interest I'm afraid.
Can I clarify anything for you?
Jo

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