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Kasare
Kasare, Solicitor
Category: Family Law
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Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I had a long term partner years, we never lived in the

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I had a long term partner for 4 years, we never lived in the same house, in fact we did not live in the same towns. (there was a brief spell of 2 weeks, shortly before I moved to live in Dubai)
We split up in October 2014.
While we were together (within the last year) She proposed a loan agreement to me. The agreement suited me and I lent her 10,000 GBP to build an extension on the council property she had recently purchased. It was clear that the money was a loan and not a gift and I have emails, texts and recorded bank transfers (stating loan extension) to confirm this.
I did have a signed contract, which we both signed and was witnessed by her Mum. (However my signed copy of this document may have been destroyed by my ex, as it was left with other important documents at her property, so I only have a non signed copy.)I stored a few items at her house, which she is now demanding it all be moved.
The agreement was that she would make no payments for the 5 year period of the loan, then she would repay in full plus a small amount of interest in 5 years (which was proposed by her)The 5 year agreement was in place as she would be in a position to release equity from her property in that time.
The payment is not due yet, but as the break up has recently turned nasty, I would like to know where I stand legally on getting my money back and what I should do when the time comes.
On a second point relating to the same relationship, while we were together I brought a cat worth 800 GBP, which lived with me, occasionally when I commuted back and fourth to her house at weekends the cat would also spend some time at here house. I moved to Dubai while we were still together and the cat moved permanently to my ex partners house as a temporary solution until I organised the transfer to Dubai. I bought the cat and I pay for the insurance for the cat initially when ever I went back to the UK I paid for food and all vets fees. The cat has always been my cat. I think my ex will prevent me from taking the cat as she has become attached to it over the last year and a half while I have been in Dubai and on previous attempts to arrange transport of the cat to Dubai she has asked to have it a while longer, which I agreed to. I am now in a position to move the cat to Dubai, but she has told me I'm not having the cat. Where so I stand legally? The cat is a pedigree and is registered in my name. ( Again I have documents to show I purchased the cat and also bank statements to show I pay insurance etc.
Submitted: 2 years ago.
Category: Family Law
Expert:  Kasare replied 2 years ago.
Hi, thanks for your question, I will assist you with this.
In terms of the loan and the loan documentation, this was not conditional upon your relationship and therefore the loan cannot be recalled at this stage. As for the documents, if you have left items at her property which need to be collected you do not necessarily know if this has been destroyed. Nevertheless, if it has, you have the unsigned agreement and the paper trail if needed to evidence that there was an agreement.
However, what I would suggest is that you write to her advising that if, as a result of the end of your relationship, she would like to cut all ties, you are agreeable to allowing her to pay back the loan early without the agreed interest (for example) which would be payable at the end of the 5 year period.
If she writes back saying this was a gift and she has no intentions of paying you back, then you could commence proceedings for breach of contract.
Alternatively, she should write back acknowledging the loan but advising that she is unable to pay until the agreed date. Keep such correspondence. Then on the agreed date, if she has not paid you back you can write to her chasing payment and if none is forthcoming issue proceedings against her for the debt.
With regards ***** ***** cat, an animal is defined legally as a moveable possession or chattel. It is clear who is the owner from the documents and correspondence/communications. Advise her that someone will be attending on x date to collect the cat, along with your other possessions. If she refuses to let you have the cat (or any other possessions), then you will have to issue civil proceedings against her. I would advise her beforehand that you are willing to take this step and will seek your legal costs in the circumstances. However, this will be a small claim so legal costs in reality are minimal.
I hope this answers your questions. If there anything else I can assist you with please ask.
Customer: replied 2 years ago.
Thank you.
I have no intention of recalling the loan early, I wanted to know would I have a case if she did refuse to pay the loan and how I would start proceedings.
From your answer, I take that I would have a strong case, even if she has destroyed the loan agreement. I will do as you suggest and send a registered letter confirming the repayment date and the option to repay the loan early if she wishes, without interest and keep for my records.
If she then refuses to pay, this would be breach of contract but I wanted to know - Where I would go and what I should do if that happens, what is the process?
The possessions are being picked up on my behalf, this is not an issues. From your comments, I should write to her informing her of the future date the cat will be collected and let her know that I will commence civil proceedings if she refuses. Again my question really leads to - if she refuses to give the cat over, firstly how and where would I start the civil proceedings? Worst case scenario can I make her pay for the cat? Would this be done in the same manner?
Expert:  Kasare replied 2 years ago.
Hi Emma
Re the loan:
If she refuses to pay it back or breaches the contract given the value and the fact this is a money claim only, you could issue a money claim online - it is cheaper to issue online than using the standard court claim. It is a very simply form you fill in using the details you have.
This is the link to starting this process - https://www.moneyclaim.gov.uk/web/mcol/welcome. You can deal with this from Dubai, but you need a registered UK address for the Court.
Re the cat:
Yes, definitely write to her advising of the date of collection of the cat. If she refuses, write her a letter before action (if you search online there are many templates or alternatively read this - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#A - there is an annex setting out the details needed in an LBA).
If after you sent the letter she still refuses then you issue proceedings in the local Small Claims Court for an order for the return of the cat and an order for damages for wrongful retention of the cat.
You will need to fill in a Form N1 - the claim form - you can obtain this here - http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338.
If she wishes to keep the cat, and you are willing to agree to that, then yes you could suggest that if she wishes to keep the cat she could buy it from you for an agreed sum.
Hope this helps.
Kas
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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