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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I was gifted £1180 FOR A PHONE BILL I OCCURED WHILST IN A RELATIONSHIP,

Customer Question

I was gifted £1180 FOR A PHONE BILL I OCCURED WHILST IN A RELATIONSHIP, THE RELATIONSHIP CEASED AND HE DEMANED IT BACK AND I SET UP A PAYMENT SCHEDULE TO PAY IT BACK. I HAVE AN EMAIL TO SAY I DIDNT NEED TO PAY IT BACK.
WE THEN BECAME FRIENDS AND HE SAID I DIDN'T NEED TO PAY IT BACK. I THEN DECIDED I COULDN'T REMAIN FRIENDS WITH HIM SO HE DEMANDED IT BACK AGAIN. I SET UP A STANDING ORDER WHICH I LATER CANCELLED.
HE THEN SENT ME A LETTER DEMANDING THE MONEY BACK. THE FOLLOWING DAY (5TH MARCH) HE EMAILED ME AND SAID HE GIFTS THE MONEY TO ME A A TOKEN GESTURE OF GOOD WILL . TODAY 5TH MARCH FOLLOWING A HARRASSMENT WARNING GOING AGAINST HIM FROM ME HE HAS SAID TO THE POLICE HE WILL BE USING A SOLICTOR TO GET THE MONEY BACK ... ADVICE PLEASE. FIGHT HIM WITH THE EMAILS TO PROVE IT WAS A GIFT, OFFER A SETTLEMENT OR JUST PAY.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

If you are asking if he could sue for this money then I'm afraid the answer is that he can but he will not use a solicitor. This is a small claims court sum so there is no need for a solicitor and you will not be liable for the cost.

On your substantive point, its not very likely a court would accept that you were given a cash gift of £1800. People do give each other expensive gifts all the time but not usually cash. Its further undermined by the fact that you have been paying.

You might have been able to try to rely on his emails saying that you didn't need to pay had you not made subsequent efforts to pay.

Also, a civil court probably would think you should pay since you've had the money and will find a way to enforce that.

You could always try to argue it was a gift but thats undermined by your subsequent behaviour and its not all that credible anyway.

Obviously the fact of the harassment warning is a non issue here. Its no finding of guilt and anyway does not amount to a defence to the claim.

You could offer a full and final settlement. If you are going to do that you want to agree that it is full and final and do not deviate from that. There is no point in a full and final settlement that just leads to a demand for the rest.

Alternatively you could do nothing. Often people who threaten to sue do not.

If he went to court then he probably will win something but then you could offer to pay in instalments anyway.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

it is actually 1180 pounds for phone calls he made to me whilst i was in morocco - i made arrangments to pay but never made any paymebts because he kept saying i didnt need to pay - since his last email yesterday to say he gifted me it i have not attempted to make arrangements to pay it. does this make a difference do you think?

Expert:  Jo C. replied 3 years ago.
Why was he paying for calls he made to you?
Customer: replied 3 years ago.

because i was abroad and i get charged for them and he said he would pay them because he knew i couldnt afford to pay

Expert:  Jo C. replied 3 years ago.

Then its not really even a gift. Its sort of consideration of a loss.

You could argue it at court of course. He may well not sue.

If he does it could go either way really.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 3 years ago.

final question - the police have said he can only contact me through a solicitor following the harrassment warning - is this true or is he allowed to contact me direct with the online claims court form ? This was an extremely abusive relationship and I want to get out as quick as possible and if paying him it all prevents further contact in any shape thats what I would prefer to do,

Expert:  Jo C. replied 3 years ago.
Well, the online forms don't really amount to an act of contact so that would be acceptable.

You can always resolve it by paying it which would stop any basis for contact forever.
Customer: replied 3 years ago.

Perfect - Thankyou very much


 

Expert:  Jo C. replied 3 years ago.
No problem. All the best.