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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hello, I was lent £5K from my ex. There is a written agreement

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Hello, I was lent £5K from my ex. There is a written agreement which we both signed for £3500 and then there was a further £1500 lent but with no written agreement. When he left my house he agreed to take some of my new furniture for £500 and unfortunately whilst driving my car one day he hit a post. I have a written quote which I have sent him for £222. so I am thinking that I pay back £4300 but he is threatening small claims for the full £5000. Can he do that? Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Do you have any evidence that he agreed to this?
Customer: replied 2 years ago.

no only a verbal agreement. The couch was new and the table 3 months old, he was moving to another property and asked to buy them from me. I am still in contact with him so could get him to write it down.


 

Expert:  Jo C. replied 2 years ago.
Thank you.

Obviously he is entitled to his 5000 and if you do not pay then he could sue.

Whether you can make reductions or not depends fundamentally. If you are saying that you agreed between you to reduce the debt by 500 because of the removal of furniture then you can clearly make that reduction. He may go to court and deny that. Some people do lie through their teeth sometimes. That will come down to which version of events the court prefers.

In relation to the damage to your car, that is a little more complicated. To claim from him you have to show negligence on his part and I know that, on the face of it, this would appear to amount to negligence because he struck a lamppost and people do not generally do that if vehicles are driven carefully. However, you have no evidence I presume upon how the accident was caused and if he is going to start arguing, for example, that this was caused by a rear end shunt by somebody else forcing him into the lamppost then that might give him a defence but he hasn't done that yet and is quite rare that people tell barefaced lies.

It is very easy to threaten to sue and a lot harder to do it.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your help.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. 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/

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