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Jo C.
Jo C., Barrister
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My ex partner owes me money he borrowed £2300 he has now got

Customer Question

My ex partner owes me money he borrowed £2300 he has now got £787 left to pay. He was paying me £300 a month then stopped in December and then agreed to pay £50 and then £263 over 4 months taking us to April 11 months after he borrowed the money. He needed to pay legal costs because he was prosecuted for dangerous driving received community service and a suspended prison sentence. In December when he refused to pay he changed his phone number. I did manage to contact him at work but he refused to speak to me and yet he owed me £1100. The only contact I have had has been via email. I did suggest on 23/1/13 he just pay 2 lots of £350 and I write the remaining £87 off but I didn't hear back. I emailed him today to say we would just have to revert to his plan and he emailed me back saying he would not pay me any more and that he had an injunction on me and I was violating section 12 of the domestic violence and crimes act 2004 and that any further contact and I will be arrested. He also said I will not be be made aware of the court judgement against me.
I have never threatened my ex partner all I want is my money. I was pregnant and when I found out he was adamant he did not want to be named on any official documentation. I actually miscarried and he doesn't know. I do not want anything from him other than my money is there anything I can do. I have been advised to send a LBA but am concerned he will say that is contact. I have not been notified of any injunction is that normal.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What would you like to know about this?
Customer: replied 3 years ago.
I want to know can he have got an injunction without me being told anything.
I want to know is there anything I can do to get the money back
I have been told to send a LBA letter advising him to pay within 21 days after tat time submit a claim to the small claims court. I don't want to send a letter if he has managed to get an injunction in case he uses that as harassment.
This man is currently on a suspended prison sentence from his dangerous driving conviction so I think he is aware a little of court proceedings and he wants to frighten me but I have never committed a crime and I don't want to change that
Expert:  Jo C. replied 3 years ago.
He may have applied for an injunction. There are some that you can get ex parte. However, unless and until it is served upon you it will not be binding upon you.

If you had an agreement with him that he would pay then in the event that he defaults you can just sue him at the Small Claims Court. He will not be held to use this nonsense about domestic violence as an excuse to avoid paying you.

You can issue against him here

www.moneyclaim.gov.uk

You can send them a letter before action although I'm not sure I would suggest it's here. He could try to argue that it is a further instance of your harassment and, more than is unlikely to succeed, you do face that risk. There is some case law that says that making repeated vexatious allegations and complaints to the civil court against a person can amount to harassment although the facts were wildly different in that case than here. In addition to that, one wonders what a letter before action would achieve here because you can prove that you have tried to negotiate and you have met with this response.

On your main point though, do not presume that just because you haven't done anything wrong that necessary means that people cannot go to the police station and make allegations about you. Unfortunately, genuine victims of domestic abuse are not the only people who do approach the police over issues arising from their relationships. Some people seem to think it is appropriate to use the police as a mediation service. The practical reality is that if he does approach the police unfortunately they will have to consider any complaint. The days of sadly gone when the police had discretion to reject weak allegations.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
So my options are to either just forget the £787 and write it off as an expensive bad mistake or just submit a claim to the small claims court and I can either get a judgement for against me and if the judge doesn't rule in my favour I just pay the admin fee.

I suspect he won't want to go to a police station with his record at the moment and I think he is trying to frighten. Obviously if he hasn't got the money it's in his interests to ignore my emails and change his number.
If I apply to the small claims court do we both have to attend or do we just write our version of events and a judge decides on an outcome
Expert:  Jo C. replied 3 years ago.


Yes, that's basically it.

It is likely that you would get judgement if the facts are as you say. Getting the money is a different business entirely though. He may ignore judgement and then you will be faced with the problem of whether or not it is worth spending more money to enforce it. Costs are very low at the Small Claims Court though.



Do not presume however that because he has lots of criminal convictions he will not make an allegation. Unfortunately, in my experience, people with a large number of convictions tend to be more likely to report trivialities than people who have clean records.

The harassment legislation was passed to deal with crazed stalkers and unfortunately it has almost exclusively been hijacked by people like this who use it to deal with things that a reasonable person might consider not worthy of the attention of the police.
Customer: replied 3 years ago.
So if I just submit a claim with the facts and then he can respond or otherwise and I presume I give his details so the judge can ask him for his version and then he makes a decision. Do we not need to face each other in court.

If he has a judgement against him even if he doesn't pay me that isn't good for him I suppose.

I will have only lost whatever the court fee is I suppose. I think stalking and harassment is awful but I cannot believe that asking someone for the money back can be classed as harassment. If he hasn't got the money it's in his interest to ignore me then he can use that when I contact him it is harassment.

Can I find out if he has applied for an injunction against me?
Expert:  Jo C. replied 3 years ago.
If he contests it then you would have to go to court.

A CCJ is damaging to a person's credit rating.

Making a legitimate request for money is not stalking. Making a large number of allegations that the reasonable person would not think suitable for a report can be harassment.

You can't find out whether he has applied. You would have to call every court in the country to do that. But until its served on you its invalid. If he has got an ex parte order then there will be a date set down for you to attend and contest it.

Sometimes people do go down to the county court and get orders on the basis of a version of events that is wildly different from everybody else's recollection. They just have to be contested.
Customer: replied 3 years ago.
Should I ask him for details of the injunction because I think that could be defamation of character if indeed he has got one or would that be construed as harassment.

Is your advice to ignore him now and just apply to the small claims court with the bare facts regarding the money.
Expert:  Jo C. replied 3 years ago.
Do you need to have contact with him for any other reason?

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.
No need at all just want to get my money back from him
Expert:  Jo C. replied 3 years ago.
Personally I would just issue against him.

the only merit to a letter before action is to show you have tried to negotiate and you have.

I wouldn't bother with the defamation point. It could indeed amount to defamation or the first act of vexation in harassment but it will only descend into a further argument and unless he serves it upon you its invalid anyway.
Customer: replied 3 years ago.
Thank you for your assistance. So if I apply to the court we don't actually go to court we just wait for a judge to decide and then if its in my favour he may or may not pay and if it goes against me then nothing happens I suppose.
Expert:  Jo C. replied 3 years ago.
Yes, exactly. You would have to pay costs but it would be under £100.

You would have to pay his costs if you lost too but thats not likely.
Customer: replied 3 years ago.
Thank you very much. So we wouldn't have to go to court and he hasn't denied ever owing the money so I guess not much to lose
Expert:  Jo C. replied 3 years ago.
There is a risk you could have to go to court if he contests this.
Customer: replied 3 years ago.
Ok thanks and I suppose there is a risk he will do that but he hasn't denied owing me the money so far.
Expert:  Jo C. replied 3 years ago.
No, exactly.

Its quite unlikely that would happen

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