Ex partner stealing my money, can small claims court help?

[daisy4]

Sorry if this is in the wrong section but I have scanned the list to see where it could go, looked like tghis was the closest option.

 

In a massive mess. I stupidly gave my partner thousands of pounds, when we were together to 'look after' (I trusted him, as you do). I was scared I'd spend it.

I gave it to him. he knew it was mine and that I was not giving it to him.

 

Now we have broken up and he is heartbroken and resentful and all the rest, he is on drugs and will not give it back, he has also spent half of it.

 

Friends have told me to go to 'the small claims court', but do I have a chance in hell of getting my money back? The money is in his bank account, it was transferred from my bank account, over several transactions.

 

Does anyone know anything about Small claims and a situation like this?

 

I know it's messy, the most stupid thing I have ever done, love eh!?

 

Thank you for your help.

[gezwee]

Daisy4

 

Firsth things first........... don't make the situation worse, a woman scorned - no comparison to a bloke with the hump, lol

 

Try gentle persuasion first, can you or an intermediary write to your ex with a 'polite' request not to dispose of your money until matters can be resolved. You have to remember that civil courts are presumed a last resort and a DJ may take offence to resolving affairs of the heart [granted, money is involved].

 

If the gentle approach has no effect, you can show you have tried to settle amicably and have evidenced [albeit hearsay] that the funds in your ex's account were deposited for safekeeping only and not for disposal.

 

Be careful how you word any correspondence - read line 4 of your post and you'll understand what I mean , if you're not sure post a copy of what you intend to send and we'll take a look [blank out the personal stuff though].........

 

Gez

[huggys boss]

I am hoping that somebody will advise you further because in my opinion (and probably because I watch too much Judge Judy) you will have to prove that it was not a "gift"!

[daisy4]

This is the thing, how do I prove it wasn't a gift? I can't really. This is why I am asking if I have a chance at all of getting it back.

And yes I have tried being polite, I have tried everything.

How does sending a letter help, as proof? I mean he could say he never got it etc...

 

More help and info would be much appreciated.

Starting to feel like life isn't worth living, I will now be in debt for nearly half my life, what's the point. (I have other debt too). It's just all too much.

Thanks.

[daisy4]

Ahhh Gez, wow, how right you are!! Fourth line! Wrong choice of words indeed. Not sure what word to use actually...? It was not a gift! A loan? Not really a loan either.

But this isn't about words, so please help, more info on small claims. Thanks you.

[gezwee]

Daisy

 

You will be able to evidence this was not a gift, but you will need to put pen to paper quickly, You need to express an interest in the funds within his control at 'x' date. The chances are that the money will be long gone by the time you ever get to court but you must show that there is an interest now and you must show him that you mean business in recovering the money.

 

Don't stress, we've all been guilty of doing things we regret at some time in our lives. Have a good long think of how you want to approach him [in writing] and start typing.

 

Oh and , if you have bank statements or are able to access online, take a copy of transfers now

 

Gez

[daisy4]

Thank you for your help.

I have asked him and have even got friends to ask him and he says he is not giving it back. So now do I go to Citizens Advice? And really, what can they or the courts do? If I go to court and they cant get it back then i loose out totally where as I am hoping that he will come to his senses eventually and do the right thing-though I doubt it. I do have his bank statements and mine. But really, how would the court deal with this, I can't prove it was not a gift really can I?!

Thank you.