How can I get my money back

[Matt7575]

I really hope someone can help me here. I've been to so many places and nobody has ever got back to me.

 

Around 2 & half years ago I loaned my sister & her then-husband some money because their's had been stolen. They were on holiday so it had to be done via Western Union. By my standards it was quite a substantial amount out of mine & my girlfriend's wedding fund. I verbally advised them that it would be loaned on the condition it was paid back within 8 weeks. They said that it would be ok because they would claim on "his" travel insurance. I transferred the money to them and re-iterated that it was not a gift but a loan and that it "must" be repaid. Because I was a new customer with Western Union they would not let me transfer the full amount myself. They did say that I could however transfer half myself & transfer the other half to another family member's bank account (my mum's in this case) so that the rest could be sent. This was done, and both transfers were successful. I still have the receipts.

 

Here's out it is now.....we haven't been paid a single penny, they split up 18months ago, and "he" refuses to accept any responsibility for sorting it out despite his assurances that he told us he he would sort it before and after they separated. .

 

My sister has spoken to him on several occasions in an attempt to move it along, but he still does not co-operate. We have asked him verbally, by text, e-mail, and all we got was excuse after excuse saying that the insurance company had lost his claim. We even sent a demand by Special Delivery (with a copy sent by email to ensure he gets it) which he did not pick up from the Post Office.

 

My question is....can we issue legal proceedings against him only, even though the money was loaned to them as a couple. Afterall he was going to resolve the issue himself but it appears he has adopted the "head in the sand" position and is hoping it will go away.

 

If we can are there any cases that we can use should this matter proceed through the Small Claims Track.

[Bookworm]

No.

 

It will be their joint responsability, and quite rightly so. At best, you'll only be able to get 1/2 from him, since they were a couple at the time. Whether you decide to pursue your sister or not is up to you, but it is ridiculous to expect him to pay for both of them when they both borrowed the money, both used during the holiday, regardless of whether they split up afterwards or not.

[the_freedom_trail]

I am affraid to say it but from what you have said it sounds like it would simply be a case of his word against yours. You would say it was a loan, he could say it was a gift and so on and so forth. I certainly agree with Bookworm, the most you could hope for from him would be half the amount of the loan.

 

My best advice to you would be to consult a solicitor on this matter - knowing that he owes you the money is one thing, proving it in the county court could be quite another.

 

Best Regards,

 

TFT

[The GodMother]

You could try and get your money back but it does fall on him to answer the papers and everything.

 

It is going to be a case of your word against his but if he is not likely to answer the papers then u could get your money back if he does not respond.

[SOD'EM]

I don't think it is your word against his, as you have numerous messages from him explaining that he cannot pay you back yet as his insurance have not sorted him out yet. That in itself says that he at least acknowledges the debt (presuming they were text messages and you have still got them on your/your sisters phone).

 

Also, I would think a court would say that if it was a gift, then why wouldn't you have gave it to them before they left for their holiday. I presume the fact that you are not pursuing your sister is because you are talking to her and everything with her is fine. If so, then she should act as witness and say they borrowed the money from you.

 

You will have to pay some court fees up front (amount depends on amount you are claiming), but he should be liable for them after the case. However, as said above, you can only claim half from him.

 

 

Where's Judge Judy when you need her?

 

 

Hope you sort it out.

Edited April 15, 2010 by SOD'EM

[the_freedom_trail]

I feel I must follow up on the most recent post.

 

Firstly, the text messages would need to specifically refer to the debt in question, otherwise it could be to do with paying money back for anything. Even then, the text messages are only really supportive evidence. Remember, you would have to prove that the phone was owned and the messages sent by your sister's former partner.

 

Secondly, your sister would not be a credible witness as she is not impartial in the matter and it is extremely unlikely that the judge would allow her to be a witness in the case for that reason.

 

In summary, banks can sometimes fail to enforce debts if there are discrepencies in the original credit agreement. Therefore, based on the evidence you have I would venture that your chances are slim. Your sister's former partner could put together a pretty sound defence which could leave you with a liability for his costs and a loss of your costs for court fees.

 

Personally, I'd write it off if I was you but the decision is yours.

 

TFT