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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I lived with my ex Mr Wayne Swann for nearly 8 years, was left

Customer Question

I lived with my ex Mr Wayne Swann for nearly 8 years, was left £39,000 from my Dad, transferred money into his a/c to pay for new window's and doors, paid him a monthly payment towards rent, treated him to Cyprus, paid for sofa, bed, TV's and as he told me
he would get a better rate for me if I put £5,100 into a ISA in his name I would benefit,
the only trouble he spent it in 2 years without my knowledge, he uses a lot of prescription drugs over the internet. I have proof that I claimed dwp since 2007 at his address, then got a job and have worked ever since paying not to the bills except a few times when I have paid his first council take on my card and a few times to talk talk on my card, I have brought the washing machine, vacuum cleaner and a lot else as if you look at his bank a/c all he was, was paying for prescription drugs on line a £1000 in 6 weeks. I stil have some clothes at that address and passport, but he will not answer the phone. or contact me, What can I do, Please help, Kind regards Sue
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Does he own the property in his sole name that you paid into for improvements please?

JACUSTOMER-w7hspl36- :

yes I transferred money into his account so he could get his windows and new front door, I have bank statements showing I brought the tv,, bed, washing machine, I also transferred £5,100 into his a/c so he could get a better rate he told me on a isa, have proof of all of this and the £160 I paid to help with bills. The property was in his sole name, he told me he was going to make a will so I would not be left without, we even had a registry appointment on the 3/1/14. that's when things changed, I spent a lot in that house, also I have a treasured wood carving brought in Indonesia, left to me by my Dad and he will not give that back, also he still has my passport and some clothes, the bbq outside was given to me by my sister, all the plants in pots in the garden as he is counted as disabled., I looked after him saved his life at least once a month he was in MK General in the Resus department, in the October if I had done overtime at

JACUSTOMER-w7hspl36- :

work he would not be here, he had to be put into a induced coma, any longer at home and he would be dead. What thanks do

JACUSTOMER-w7hspl36- :

I get, I looked after him as a partner and carer for the last year, I have paper proof going back to when I claimed from his house in 2007, bank statements from 2010 when I transferred thousands into his a/c. hope your can help. Kind Regards Sue

Joshua :

Thanks - just reviewing your post...

Joshua :

Thank you. I corrected presume that he still owns the property referred to in his sole name?

JACUSTOMER-w7hspl36- :

yes when do I get a reply for my £28 so far I have done all the talking and have had no reply, why?

Joshua :

thanks for your reply. based upon what you say, that would appear to be two principal options available to you. The first is that you claim that the various contributions you made to the property and other various payments you made to your ex-partner such as the money he offered to invest on your behalf, were loans made to your partner which you require returned to you with interest where interest was agreed such as the ISA.

The other alternative is that as regards money you contributed towards the property specifically such as the money paid for improvements to the property, you could seek to claim the equitable interest (a financial interest) in the property as a result of the various contributions made.

given the amount involved, my initial reaction is that a claim for the return of the monies as a loan made to your ex-partner is likely to be more cost effective than attempting to claim a direct interest in his property however that is only my initial reaction. The reason for this is that claims of interests in respect of properties tend to cost more in terms of legal fees than simple claims for debts owed by way of loans

Joshua :

if you decide to proceed on the basis that the money is owed to you as a debt for loans made to your ex-partner, you can consider a letter to your ex-partner with a detailed list of all the various monies loaned to him together with the relevant dates together with interest arrangements where interest was agreed ( this information from what you say will be available from a review of your bank statements) a question that he arranges to make repayment within 10 days of the date of your letter or failing which substantive proposals as regards repayment failing which you reserve your right to issue proceedings in the County court for recovery. In the same letter, you can also ask for the various items you purchased which you consider to be yours to be returned or compensation in default thereof. It is worth noting that any items you purchased as gifts cannot be reclaimed however if he wishes to claim an item was a gift contrary to what you say, the burden of proof is upon him to demonstrate this was the case rather than for you to prove that the item was a gift

Joshua :

if your ex-partner does not repay the money is as requested or at least offer repayment terms which are acceptable to you, you can consider either sending him a statutory demand warning him that unless he settles the debt claimed, you will apply to the County Court to make him bankrupt - this is where all his assets are transferred to a trustee in bankruptcy

Joshua :

... who will arrange to repay all of his creditors including you.

Joshua :

and alternative and the more common approach would be to issue proceedings in the County Court. Because of the amount in question, you were able to claim some legal costs if you are successful and you could decide to ask a solicitor to assist you with some or all of the claim however there is nothing stopping you pursuing the claim yourself directly if you wish and providing you have financial evidence of the various payments you made in respect of transfers to his account and items purchased and so on that you wish to claim back, the claim should be relatively straightforward.

Joshua :

the simplest way to issue proceedings in the County court is by using www.moneyclaim.gov.uk. If you are successful, you can claim court fees as well as fixed legal costs associated with your claim and interest at 8% per annum under section 69 County Courts act from the various dates that the monies were due to be paid back to you but were not

Joshua :

Is there anything above I can clarify for you?

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