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help needed as ex won't pay back money he owes my sister

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Hi

 

This is a long shot really, sorry if this is not the right place to post but i really need help for my sister. She fell in love again after a divorce and he has loaned £5000 which was a bank loan taken out in her name and £633 she had paid off on his credit card. I had no idea she had done this as she has not got anything in writing as he couldn't get credit so she said she would help him out as his house was at risk. she just has the bank advisor as a witness. they have split up now and he has only paid one payment to her and she has had to find £180 a month to pay of the loan i have searched for a letter that we could send him to try and get him to acknoledge the debt but can't find anything at all. i thought if we get him to admit to it she may have a chance. has anyone any idea of what she can do?

 

 

thanks

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I think if the bank loan is in her name then she will have to pay it, I would think that the ex's aegument will be that the money given to him was in the form of a gift and not a loan. I dont suppose she has anything in writing from him as to the amounts he was going to repay. She could consider court action but even if she wins if he hasnt got the money she will be no better off. Could she re arrange the loan so that the repayments are lower?


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Thanks for your reply

 

i did think that because it was in her name she wouldn't have a chance of getting it back, she has nothing in writing. the only thing is he tried to get a loan 5 minutes before her and was refused then again in joint names and agian refused. this is why it was taken out in her name alone. i just thought if we send him a letter that threatens legal action if he doesn't respond he may start to pay back the money. he has said he will pay it back verbally but a month has gone by now and he is just not giving her anything. any advice very welcome

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I would write to him asking for written payment proposals, give hime 14 days to reply. Then issue a letter before action again giving 14 days. Then issue an N1 - if it comes to court it will be down to who the judge believes and if your sis tells the truth hopefully the judge will see that. A verbal agreement is binding but it would be good if you can get him to acknowledge the debt in writing :) Another option is to get him to discuss the debt in front of a witness who could then submit a witness statement.

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If he has made a payment and then stopped, you are in a much stronger position than if he had not made payment at all.

 

Small claims is about "balance of the evidence" - i.e. who the judge believes, NOT beyond reasonable doubt.

 

Therefore, it seems to me that the ex will have a very hard time convincing any judge that he owes no money, considering he began paying it back!

 

As poppy says, proceed via written final notice, and then small claims.


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Thanks agian, i have helped my sister with a letter and we will wait for his response if any. following that she is going to take it to the small claims court, after all she has nothing to loose.

 

Thanks for all your help I will let you know how she gets on.

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As said on the other responses,

 

Once a judge determines one payment was made then your sisters ex will get his come-upance!

 

But don't let him know this- the judge will catch him out.

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