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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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An ex is saying he loaned me money 10 years ago and is

Resolved Question:

An ex is saying he loaned me money 10 years ago and is claiming it back. What can i do? Law is England & Wales.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Did you receive money from him?
Customer: replied 8 months ago.
Expert:  Jo C. replied 8 months ago.
How much?
Customer: replied 8 months ago.
Can't remember exactly, but more than £50k
Expert:  Jo C. replied 8 months ago.
Is there any reason you haven't repaid?
Customer: replied 8 months ago.
I didnt realise I was supposed to... and now it's 10 years later and I dont have it
Expert:  Jo C. replied 8 months ago.
It is quite unlikely that a court is going to accept that this was a gift I'm afraid. Money is not normally a romantic gift and anyway this is just too much money.The only hope you may have to avoid payment is to argue that he is time barred under the Limitations Act. I don't know whether he is arguing that you have acknowledged the debt in some way within six years? if so, then that point falls away.He can always ask the court to extend time under the Limitation Act although that is not likely to succeed without a very substantial reason for not issuing in time.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
He claims that I said I would pay it back in 3 years - ie by end April 2010 and that he hired solicitors at end March 2016 - presumably trying to get round risk of time bar.
I had just made him £1.6m and we had been engaged and he decided he didnt want to get married.. Relevant or not?
Thanks
Expert:  Jo C. replied 8 months ago.
Ok. That brings it within 6 years then if he is believed on that point.No there is no relevance in the engagement.
Customer: replied 8 months ago.
Obviously he has made up the 2010 point - is it for me to prove that?
Also he cannot remember when he gave me the money either .. his claim is "on or about"... Relevant?
Thanks
Expert:  Jo C. replied 8 months ago.
Not really. You accept receiving the money.To be wholly honest, given the amount and that you accept receiving it I suspect a court would find in his favour over the 2010 point just to achieve the right result. A Judge might not necessarily believe him per se on that specific point but would probably accept it in his findings just to ensure that the money was repaid.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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Customer: replied 8 months ago.
Thank you

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