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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47903
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I recently went on a 2 week holiday with my ex-girlfriend

Customer Question

hello, I recently went on a 2 week holiday with my ex-girlfriend which cost £4000
which I paid for on my credit card,on the condition that she would pay half towards the holiday,so £2000 paid back to me at an agreed monthly rate. this was only a verbal agreement.But now she is not paying me back as agreed, and is igmnoring my txts call and emails. What can I do ?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do you have any evidence at all of what was agreed or was it all done verbally?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
No, it was all done verbally i'm afraid
Customer: replied 11 months ago.
hello, will you be calling me shortly
Expert:  Ben Jones replied 11 months ago.

calling now

Expert:  Ben Jones replied 11 months ago.

have tried several times but goes to answer phone?

Expert:  Ben Jones replied 11 months ago.

is there a problem with your number?

Expert:  Ben Jones replied 11 months ago.

hello?

Expert:  Ben Jones replied 11 months ago.

Ok as I cannot get through to you either on the phone or on here by the looks of it, I will post my written response for you to view here.

If the holiday money was intended as a loan, rather than a gift, then you will be able to treat this as a debt and pursue the person for its repayment. The main issue is that it was all done verbally so it is your word against hers. She could easily try and claim that this was a gift which you paid for as you were in a relationship, something which many couples would do. You will have to convince the court that this was not the case and that it was meant as a loan.

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If you wish to go down the legal route instead of a statutory demand, a claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 11 months ago.
hello. I'm here now online.i had to pop out
Expert:  Ben Jones replied 11 months ago.

ok my response is above, let me know if you have any questions about it

Customer: replied 11 months ago.
no you've explained to me in detail what action to take,thank-you
As I say I have tried to phone her,txt message,and emai; but she is ignoring all these things.
So my next step I think is what you have outlined above ?
Customer: replied 11 months ago.
finally. as you didn't call me I won't be charged the £44 fee will I ?
Expert:  Ben Jones replied 11 months ago.

the call fee has been charged but you an ask for a refund for the phone call charges by contacting customer services here:

http://ww2.justanswer.com/customer-support

As to your situation, then yes the above steps are all you can do in the circumstances if you have been ignored so far