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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Whilst living with my girlfriend, I paid £1350 off her credit

Resolved Question:

Whilst living with my girlfriend, I paid £1350 off her credit card on the understanding she would pay me back, as and when she could. A few months ago, she admitted to cheating on me, and I moved out. After speaking to her about it, she has said that she is not willing to give it back.

Is there any way I can get that money back? Would I have a leg to stand on if I took it to Small Claims Court? I have records of the money being paid from my bank account to her credit card, but nothing written down about how she would pay me back.

Thanks for your time
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you get anything in writing please? Has she paid anything back?

Customer:

I have nothing in writing concerning how or when the money was to be paid back. To date, she has paid nothing back

Alex Watts :

Has anything been paid back?

Customer:

No, nothing has been paid

Alex Watts :

You need to write and set out your losses and request payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If she does not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. The claim is £1350 so would be a small claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Considering I have records of payments made, if it went to court, what would my chances be of being successful? How much would it cost to take this to court - win or lose?

Alex Watts :

Well there is no guarantee of course. Court fees are limited.

Alex Watts :

£70 to issue and £110 to hear the claim

Alex Watts :

If you win these are added

Alex Watts :

Does that help?

Customer:

and if I lose?

Alex Watts :

You lose the £180

Customer:

ok

Alex Watts :

Can I clarify anything else?

Customer:

is there a specific way I should word the letter I write to her, asking for my money back?

Alex Watts :

No - just say you want it back in 14 days or you will go to Court.

Alex Watts :

That's it.

Alex Watts :

Does that help?

Customer:

why 14 days? ive been speaking to her for the last week about this...

Alex Watts :

You can do 7 days or 28 days

Alex Watts :

But 14 days is normal

Customer:

so basically, I have to demand repayment in a set time or its up to the courts?

Alex Watts :

Exactly.

Customer:

I know you cant give me any guarantees, but is it worth pursuing? what are my chances (even a rough guess - I wont' hold you to it ;-)

Customer:

how long do these things normally take (rough idea)

Alex Watts :

Yes I would think so. If the ex does not contest it, 2 weeks, otherwise around 4 months.

Customer:

would she get a ccj against her if she loses?

Alex Watts :

I would throw the £180 at it.

Alex Watts :

yes

Customer:

okay - thank you for your time

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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