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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just split up from my girlfriend who I lent £3600

Resolved Question:

Hi
I have just split up from my girlfriend who I lent £3600 to a few months ago. When I lent it to her (for university fees) it was planned that she would pay me back in approx 12 months when she receives her funding. Obviously we didn't envisage splitting up but it has happened. I am now trying to get the money back because a) the relationship has come to an end so with it the "agreement" and I don't see why I should have to wait a further 6 months and b) if she moves she has no obligation to inform me and I could potentially lose the money.
She is not disputing she owes it to me but that she owes it to me now. Is this something I should be looking to take to the small claims or shall I just get something in writing from her?
Thanks for any help
Keith
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is anything in writing please?

Customer: Hi Alex
Customer: oops. Not in writing... I have texts though.
Alex Watts :

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

Alex Watts :

If they do not refund 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 :

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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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: That's really helpful- thank you. I know you can't give "advice" but as we have split up and I have confirmation on text that she owes me the money (which I presume can be printed off somehow) am I within my rights to expect repayment? Is this how a small claimscourt would view it? There is no disputing she owes me the money but were I to leave it 6 months there is a real chance I could never get it back.
Alex Watts :

Yes I think you are within your rights.

Alex Watts :

If she owes the money then you can seek Judgment.

Alex Watts :

Does that help?

Customer: Yes- very much. One final question- is there anything specifically "legal" I have to say in my initial letter? Is it just a case of setting out the background and why I am seeking repayment now instead of 6 months?
Alex Watts :

No, just that you want payment or you will go to Court.

Alex Watts :

Thats it really

Alex Watts :

Or you could end up on Judge Rinder of course.

Alex Watts :

Does that help?

Customer: Ha Ha!!! Hey- if I didn't have a sense of humour I might have thought you were taking the p1ss!! Thanks for all your help.
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