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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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What should I do if I have given someone, that I was briefly

Resolved Question:

What should I do if I have given someone, that I was briefly romantically linked with, a lot of money as a loan, that they said they would pay back, monthly over 5 years, to pay off debts and have a deposit for a mortgage. Then into the first week they turn round and say they don't want to see me again. Where do I stand legallly ?
JA: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: She talked about producing a legal document, stating that she would pay back the loan. But that has never materialised and now she has all of the money.
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Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Does she work?

Customer: replied 1 year ago.
as a cashier for an oil company
Expert:  Jo C. replied 1 year ago.

is she UK-based?

Customer: replied 1 year ago.
for 8 years, but not a UK citizen yet
Expert:  Jo C. replied 1 year ago.

How much do she owe?

Customer: replied 1 year ago.
163;25,000
Expert:  Jo C. replied 1 year ago.

has she made any payments?

Customer: replied 1 year ago.
No, there is a 2 month holiday period before the 1st payment is due in August
Expert:  Jo C. replied 1 year ago.

I wouldn't start considering legal action now then.

She is not in breach of the loan agreements yet. Until she is you will not be able to claim.

However if she does not pay then you would have a claim against her that you could pursue at the County Court. It does exceed the Small Claims Court but that doesn't mean that your claim is not valid in law.

You can issue against her here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Do you think that she got the money fraudulently ?
Expert:  Jo C. replied 1 year ago.

No.

She is just potentially going to default on an agreement.

Customer: replied 1 year ago.
Even though the agreement is not in writing, although the evidence is in the loan she ask me to take out for her and also throught the bank transfer payments made.
Expert:  Jo C. replied 1 year ago.

Yes, I don't think anybody would think this was a gift.

Customer: replied 1 year ago.
She had previously said that her bank was asking her that question, if she could prove that it was in fact a gift. I do not know what her response was to the bank.
Expert:  Jo C. replied 1 year ago.

It doens't matter what she said to the bank. A judge is not going to accept you gave her £25k as a gift.

Customer: replied 1 year ago.
Ok, thank you.
So I will just have to wait and see whether she will give me back half of the money that was not used to pay off her debts.
Then pays me back either half the monthly payments over the same duration (5 years) or the full monthly payments over half the duration ?
Customer: replied 1 year ago.
When you say I could pursue at the County Court, is that different if I live in Scotland ?
Expert:  Jo C. replied 1 year ago.

the procedure will be different in Scotland but it won't change the law substantially.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Do I still use the same website ? www.moneyclaim.gov.uk