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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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Not sure if I can do anything about getting some money

Resolved Question:

Hi, not sure if I can do anything about getting some money back from my Daughters ex boyfriend. They were dating for a couple of years and I lent him money on several occasions for Parking fines, pay day loans, he also borrowed off of my Daughter which he has repaid over the last couple of years. He still owes me but is now ignoring all communications from Me or my Daughter on this issue. Can I do anything to try and get the money 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.
When did they finish and when did you last chase this?
Customer: replied 2 years ago.

He stopped paying my Daughter 26 Sept 2014 with just £75.00 short of the £650.00 he borrowed from her.

He owes me £1300.00 which he should have started to pay as soon as he finished paying Hannah (my daughter). Hannah regularly texts him but has now been blocked. I tried yesterday by text and got no answer, and today by Facebook but again got blocked.

Expert:  Jo C. replied 2 years ago.
OK.
When did they split up?
Customer: replied 2 years ago.

about 3.5 years ago, but because he is a scaffold labourer sometimes his work is seasonal, so never regular payments

Expert:  Jo C. replied 2 years ago.
Ok. That is not as bad as it could be.
Are you prepared to sue him?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.
Thanks.
You do actually have a reasonable case. Normally people just bring these claims in revenge for finishing with their daughter but that isn't the case here. The timings are all wrong for that.
Clearly he borrowed money from you and a court is not likely to accept that it was a gift even if he starts saying that.
You can issue against him here
www.moneyclaim.gov.uk
but you should really send him a letter before action warning him that if he doesn't make arrangements to pay within 14 days then you will sue him. it is important to protect you from costs.
Can I clarify anything for you?
Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes can you clarify what I should put in the letter, should I really say that if he doesn't pay I will sue him? and if he doesn't pay do I come back to your for further help?

Expert:  Jo C. replied 2 years ago.
All you need to say is that if he doesn't pay by X date then you will sue him and seek costs and interest.
These letters before action can be very informal.
Customer: replied 2 years ago.

Hi, sorry it has been a while, but I took your advice and sent Haydn a letter which I have attached and got a reply from his Mum and Dad which I have also attached. I am going to respond to him via his Mum and Dad listing what I can remember he borrowed the money for. do you think that that is the correct process?

Attachment: 2015-10-04_093222_ltr_to_haydn.docx

Expert:  Jo C. replied 2 years ago.

Why are you responding to his parents? I suppose he hasn't responded? That said, why are you chasing in your daughter's debt?

Expert:  Jo C. replied 2 years ago.
Actually that is all I need to know.
Don't waste your time on them. It is absolutely nothing to do with them of any kind at all.
Just issue against him here
www.moneyclaim.gov.uk
which will make them wake up a bit.
That said, you cannot issue against him for the monies claim by your daughter. That is for her to pursue as actually she is an adult as well.
You don't need a paper contract as they will find out to their costs. A court is not going to find that you gave this young man cash as a gift.
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Although obviously you will need to show that the money was transferred.