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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex boyfriend owes me around GBP1775. he initially

Resolved Question:

hi
my ex boyfriend owes me around GBP1775.
he initially owed just over 2k, but then we split up and he did not pay me back. After months of asking he paid me 100 back. Then we got back together for just over a month and he paid me again. We split up a few months ago and the payments stopped. a friend of mine got in touch with him last week to demand the full amount back by the end of this month. He paid 100 pounds. At this rate it will take him almost 18 months to pay me back, if he pays me each month which he has not done.
Can I file a claim in small claims?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youDo you have anything in writing from your ex acknowledging the debt?Does he have the money to repay you in full?Clare
Customer: replied 1 year ago.

well each time I asked him for the money he did not say he did not owe it. We shared a flat together and he kept some of the deposit for any damage but he told the landlord that I left the flat in perfect condition and I have an email to this effect from the landlady.

I took out an extra credit card for him under my account and with his name so I have the statements for that showing his name and what he spent. in addition I have a breakdown which I emailed him and he did not deny he owed me. He is a police officer so I am sure he has the money to pay back.

Expert:  Clare replied 1 year ago.
HiYou can certainly use the Small Claims procedure and the Money Claim online service to sue your ex.As a starting point you should send a letter setting out the amount due (and how it is made up) and asking for payment.You do need to be aware that if you do sue him and he offers repayment at £100 a month that is likely to be what the Court agreesto - but at least then it will be enforceablePlease ask if you need further detailsClare
Customer: replied 1 year ago.

I really do not want to have further contact with him as it was a bad break up and I have had no contact with him since.

As mentioned my friend text him last week asking for the remainder amount in full but he only paid 100 pounds. Will that text suffice? he did not reply to the text, he simply put the money into my account.

what type of information do I need to include in the procedure? Do I need to attach emails, text messages and credit card statements?

Expert:  Clare replied 1 year ago.
I am afraid you do need to send at least one formal request - and texts are hard to produce in Court.However an email via the friend would be fineThe procedure is set out herehttps://www.moneyclaim.gov.uk/web/mcol/welcomeYou will need to gather together all the evidence that allows you to prove that he owes you the moneyClare
Customer: replied 1 year ago.

just to clarify my friend can send the email on my behalf without me having to send it? For example can she write the email from herself and state she is writing on my behalf?

Also what if he does not reply?

Do I need to notify him in the email I will take him to small claims?

Do I need to give him 5 days to reply or does it not matter?

Thanks

Expert:  Clare replied 1 year ago.
HiThe email needs to be from you - but it can be sent via her email and he can be asked to respond to her and not youYou do need to say that unless he makes clear proposals for payment within 14 days then you will issue proceedings
Customer: replied 1 year ago.

one more question, I now reside abroad for work, but am a UK citizen. Can I file the claim in my friend's address?

Thanks

Expert:  Clare replied 1 year ago.
Yes that is fine
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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