Lent money

[katmailley]

Hi

 

I lent my boyfriend some money to pay for this car to be fixed. Also, having spent most of my time as his house i brought a tele and playstation for us to use.

 

We have recently split up and he is refusing to give me back my items and pay for the repairs on his car. I currently have the car but it is waiting for collection from the finance company as he has cancel the agreement as has brought a new car.

 

Knowing his financial status is quite bad i agreed for him to return the playstation and tele and i would sell them on at a lesser amount.

 

The repairs on his car cozt £800.00 and the electrical goods amounts to over a thousand and he has offered £40.00 a month.

 

Is there anything i can do to get access into his house to reclaim my goods??

 

Thanks

[slick132]

Hi Kat,

 

Did you have anything in writing to confirm that you lent the money to him to buy the car. This would be of great help in establishing that you have a claim against him for this.

 

If you have possession of the car, could you use this as a bargaining tool as I assume he would want it returned to the Finance Co promptly.

 

Negotiation is the best way forward and avoids the use of the courts. If this fails, then you could threaten to take him to court, and then do so.

 

It seems unfair that he should buy himself a new car but only offer to repay you at only £40 a month.

 

"Getting access into his house" sounds like you feel you no longer have the right to enter it. However, if you used your own key and removed just the property you paid for, that may be reasonable if you still have a right to enter.

 

Gaining entry forcibly or by using a locksmith may well be illegal and/or unlawful.

 

Try negotion first with any leverage you can apply. If that fails, consider a claim in your local County Court.

[katmailley]

Hi

 

Thanks for your reply.

 

I returned home last night to find the car had been collected by a recovery truck containing all my belongings and either returned to my x boyfriend or to the finance company.

 

I lent him the money to fix his original car and all the details from vauxhall were signed and paid for by me. He then two weeks later brought a new car without my acknowledgement. Meaning he now had two lost of finance. I also, lent him money to tax both cars as he was being chased by the dvla, using one of the cars i didnt so much mind but now i cannot use either of the cars and they both still have 6 months tax.

 

I have tried to come to some arrangement with him but he clearly is not interested and beleives he can claaim all these items as gifts in court?? Im not realy sure.

 

How can i make a small claim can i register this over the interent or do i need to attend somewhere??

 

Thanks

[slick132]

Hi Kat,

 

Given the circumstances, I think we should assume the Finance Co has repossessed the car.

 

Before you rush ahead and file a claim in court, you should give him an opportunity to consider his position by setting out precisely what you consider he owes you.

 

You should also consider how well you can PROVE any or alll of this to an impartial judge using receipts, or evidence of cash withdrawal or cheque payments to show amounts you have paid.

 

Lastly, you should consider whether, even if a court rules in your favour, he is likely to pay or be able to pay any more than the £40 a month he's suggested.

 

I think your best way forward from here is to set out in writing what he owes you and to ask him for his written proposals for paying you back. Tell him you require his response within 14 days or you will take further action.

 

Get a Certificate of Posting from the PO when you send the letter.

 

Keep copies of all letters and documents arranged in date order in case they are needed for a court case.

[katmailley]

Hi

 

Thanks for that.

 

Ive got all my bank statements and reciepts all lines up and ready to go.

 

I have alredy sent him a list of what i feel he owes me and it was sent back to my address as not know at this address so can take that too.

 

He is getting a cheque for £6000.00 this month for a claim he made so really he can afford to give me more than £40.00 a month and now the car has been taken back by the finance company he is saving an extra £200.00 a month.

 

Kat

[raydetinu]

I really think this is going to end up in court, so I would not bother withaccepting any repayment plan, as he would only default on that.

Send LBA claiming money and property in full in 10 days or will start court action then do it.

[katmailley]

Sorry if im being a bit dense but whats LBA??

[demon_x_slash]

Letter Before Action - the final letter that you send before court action. It just needs to be a normal letter (but headed 'Letter Before Action') setting out what you think you are owed, your reasoning, your intention to proceed with recovery through the courts, and giving him a 'last chance' to respond favourably.

[katmailley]

And then take it to a small claims court?

[slick132]

Hi Kat,

 

You should send a Preliminary Letter, setting out your grievance, telling him what he owes and that you want it repaid within 14 days.

 

Then send the LBA giving him a final 14 days to settle in full.

 

Then you can file your claim at the local County Court

[katmailley]

Thanks thats great help.

 

Do you happen to know if now that his car has been removed from my property, there is anyway i can access my possessions in the car? I thought that becasue i was insured on the car they wouldnt just remove it containing all my possessions.

 

I have called the recovery people to try and find out if it has been returned to the finance company so i can call and try and get my possessions but they are refusing to get involved.

 

Thanks

[skbuncks]

Hi Kat

 

I think you need to strike while the iron is hot before he has had a chance to blow the cash that is coming his way. I dont think there is any need to send a preliminary letter as you have already sent him a list of what he owes. I would go straight in now with the LBA. Also as he seems to be rejecting signed for mail I would send it normal post, but do it from your PO as they can give you proof of posting.

 

You will have to pay various court fees to issue a claim, but these can be added to the sum that he owes you and claimed back (you can also claim interest at 8% per annum). You must state this in your LBA, something along the lines of

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a couty court claim against you for the full amount plus interest plus costs and without further notice.

 

(guide to court fees here. If you hard up or on benefits then you can apply for exemption or remission from fees too).

 

He may not think that you will go ahead with a court claim and will just roll over and accept his terms. I say EDIT him. Once the court papers hit his doormat it may well scare him into paying up pretty sharpish.

 

 

good luck

 

skb

Edited July 2, 2008 by slick132
***'s or not, please keep it clean thanks

[slick132]

Hi Kat,

 

Get onto the Recovery/Storage/Car Finance peeps double quick about recovering your personal possessions if there's anything important to you. They'll pass you from pillar to post and you may not get stuff back.

 

I'd tell them you need your stuff back in 48 hours or the police will be onto them pronto. Summat like that anyway.

[raydetinu]

Yep they can take the car, but not the contents if it belongs to somebody else- theft! they did not take reasonable steps to find out what was in there, unless they told you they were coming and asked you to remove stuff. Contact Police. Or you could end up having to take the recovery people to court for the return or value of your stuff.

[OnceBitten]

Sorry to read about your dilemma Kat, I find myself in a similar situation with a so called "friend" and I am going down the same route as yourself to claim back what's due to me. Good luck