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alexander62

Small claims court

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I am taking someone to court for a loan that I lent her in order to pay her mortgage as she has refused to pay me back saying I gave her it as a gift. I have witness statements stating it was definitely a loan and have mobile phone messages confirming it was a loan. I also have a statement from her husband confirming it was a loan. She has no evidence whatsoever to say otherwise. We have been through mediation and that was no good as all she said was she would pay me back a paltry amount which would take fifteen years to pay back. Unfortunately I cannot use this in court as it is not allowed. What are my chances of getting judgement in my favour please.

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The judge will only allow her to pay back what she can afford in a 'reasonable' amount of time. If you have evidence / proof that it wasn't a gift then i'd say you would get judgment....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi alex

 

On the face of it looks good, lots of statements etc. But then you go into the vagaries of county court, Judges etc it's difficult to say.

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I am taking someone to court for a loan that I lent her in order to pay her mortgage as she has refused to pay me back saying I gave her it as a gift. I have witness statements stating it was definitely a loan and have mobile phone messages confirming it was a loan. I also have a statement from her husband confirming it was a loan. She has no evidence whatsoever to say otherwise. We have been through mediation and that was no good as all she said was she would pay me back a paltry amount which would take fifteen years to pay back. Unfortunately I cannot use this in court as it is not allowed. What are my chances of getting judgement in my favour please.

 

You also need to consider that what the court will look at is her ability to pay.

 

If she can only afford to repay you a "paltry amount" then that is what they will award.

 

So you will have to way up the hassle and expense side of it aswell - If she can afford to pay - and you have the evidence - then it may be worth your while.

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Thanks for that advice it is what I expected the only drawback was the fact she would only be expected to pay what she could afford, but she has now put her house on the market and stands to make a substantial profit. Her husband also stands to make fifty per cent of that and he is my main witness so I think there is a good chance I will get the full amount when the house is sold. She cannot cry the poor tale when she has just bought a brand new car 60 reg. and is supposed to be destitute.

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You may not want to hear this but if she is adament she won't pay your chances of getting paid are very slim. If she knows how to do battle you may well be flogging a dead horse so be prepared for a marathon if you go through with enforcement.

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If you do nothing = £Nil

 

If you do something = some prospect of £


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