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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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My now ex partner gave me £5,000 from his business account

Customer Question

My now ex partner gave me £5,000 from his business account in February 2015. There was no written agreeement either by text, email or in writing for me to pay it back. He has now asked me to pay him back and has given me until 31 July 2015 to come up with a payment plan. Do I have to pay him back?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Realistically it is likely that you would.
Whether there is a written agreement or not a court would infer that there was an agreement that you would repay. Partners do give each other expensive gifts all the time but not cash sums. Cash is just plain not a romantic gift and certainly not from a business account.
If he went to court arguing that there was an agreement you should repay then he would win and you would be liable for costs.
Make arrangements to pay. If you do not he could well sue and would succeed. Cash is just plain not a gift.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo

thank you for your quick answer.

that is a blow, more to my pride than anything else! I had originaly planned to pay him back by remortgaging - we were to sell both our properties and buy somewhere new together.

How much should I realistically offer in a monthly repayment plan if I can't settle the sum in one go?

thank you.

Tracy

Expert:  Jo C. replied 2 years ago.
Well, the full amount is due. Unless you can pay in full he could sue.
Of course, he probably won't if you start paying immediately and do not default.
If he went to court then he would probably get about £100 a month until it is cleared but then you would get a CCJ and also would be liable for the interest.
The amount you should offer is really the sum you can afford. There isn't any point in making payments you can't keep up.
Customer: replied 2 years ago.

Okay, thank you, Jo. Much appreciated. Not what I wanted to hear, of course, but much appreciated anyway.

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/