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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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My ex partner is threatening to take me to court with regards

Customer Question

My ex partner is threatening to take me to court with regards XXXXX XXXXX I was in a relationship he paid a loan off in my name. It was at the time a gift but now the relationship is over he wants the money back
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi

Do you have proof that it was a gift?

I assume you were not married, please let me know if you were.

Kind regards

Tom
Customer: replied 3 years ago.
No I can't prove it was a gift other than he paid it off, and no we weren't married.
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The first thing to say is that unless he is actually going to issue a claim at county court for the money then nothing will happen. Until he gets judgement on the sum claimed from court he cannot recover it for you so you may consider just waiting and seeing if he is serious.

If it was a pure gift then he won’t be able to claim the monies at Court. However, if it was effectively an informal loan then he might be able to get judgement on the money but if the terms of repayment of the loan were non-specific and “wooly” then the repayment likely to be ordered (even if he were able to get judgement) are not the sort of thing that would break the bank.

Quite simply in this situation, if he issues you then you will have to see whose testimony the court finds the most credible. I would consider trying to brainstorm to attempt to remember any oral references to it being a gift. Consider trying to recall the chrology of the loan and what was happening at the time. The more detail you have the more credible the court will find your testimony.

It’s about who would appear the most convincing under oath.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom