Wednesday, August 18, 2010

How to get money back from ex partner?

Can anyone give me any UK legal advice on my situation.





I lent my then-boyfriend 拢4,000 to help him out with his debt and he said he would pay me back. We separated a few years ago and he never offered to pay a single penny back. Recently I asked for monthly repayments as I am struggling financially, but he has given very little to reduce the total amount and is constantly moaning how much debt he is in (nothing much has changed!). I tried to make him sign something with a witness but he refused, all I have is the bank transfer.





Where do I stand legally with getting this money back?





If not is there any advice on how best to reclaim the money from him?





ThanksHow to get money back from ex partner?
1) The bank transfer is good evidence. If possible also trace your bank statements showing that he made some payments to you.





2) Then, go to the CAB and ask for their advice and how to take your case to the small case court which is informal and cheap.





3) Send your boyfriend a final letter by recorded delivery, giving him 15 days notice to pay the loan back plus, say,7% interest. If he does not comply, go ahead and sue.





4) Of course, the above assumes that the chap has a job or some assets. If he has nothing, kiss your money good bye.How to get money back from ex partner?
what an expensive lesson to learn!!!....(always have it in writing - promise notes - IOU's)





keep begging him (until he dies)





let it go





are you here in the US and he's there in the UK?


(this is hard and going to get expensive)





call his employer to garnish his wages?





call his mother is father his family his friends etc.and explain their dead beat son. (expose him, embarrass him, do everything legal and possible to expose this guy to everyone)





other than that this is pretty hard to prove and given the distance (that's another thing) because you don't have anything in writing (a contract)





best wishes!...
Good small claims answer. Make sure you have a paper trail - some proof of the money you lent and of the installment he re-payed - and any friends who may have know of this transaction because you will have to offer some kind of ';proof'; that a loan actually existed. He partial repayment would also be proof that he acknowledges it.


US has ';small claims cout'; for debts under $6000. where the average Joe can represent himself - less formal and less costly. You can then take the judgment and have wages garnished on your own also.


If you do have to write it off - send him a statement as income to him so he has to pay tax on it at least (just a parting nasty shot!)
I am sorry I can only tell you what happens in the states. We would go to small claims court with proof and have a judge hear the case. If you won, the judgement would be against the ex and you could have his wages attached to where his employer would automatically forward you a portion of his check and you would get your payments.





US law did take a lot of its foundation from UK law, see if you have the same thing.
I know very little about the UK legal system, so take this all with a grain of salt.





But basically, you have two problems here. One is you have nothing to prove the money was a loan. He could say it was a gift, and all you would have is your word against his word. Getting him to sign a promisary note of some sort would be a great idea. Alternatively, you could tape record a phone conversation you have with him on which he admits the money was a loan. (Tape recording your own conversation is legal in the United States at least.)





Your second problem is that he doesn't have the money to pay you back. Assuming he doesn't own a house or anything, he's in a lot of debt and is barely making ends meet. There's no way to get water from a stone as they say, but through legal means you can get his employer to send you a small portion of his paycheque every week (garnish his wages). But this requires a lawyer and a judge. Given that you are in tough financial shape, this might not be practical.





If he does have some asset like a house, you could put a lien on it (like a mortgage) which would mean you would get paid first when he goes to sell it.





Best of luck!
try talking to your local CAB (citizens advice) you may have to take him to the small claims court, but i couldnt tell you how to go about doing that. CAB is probably your best bet





I hope this helps you and good luck with getting your money back x

No comments:

Post a Comment