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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8325
Experience:  Barrister at law
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Debt owed to me, England, Money claim online, Debt owed by

Customer Question

Debt owed to me
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: Money claim online
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Debt owed by ex-partner
Submitted: 15 days ago.
Category: Family Law
Customer: replied 15 days ago.
I am owed monies by my ex-partner. I loaned his company money many years ago. I took out a bank loan and transferred this amount to him. He made 15 repayments out of a 60 month repayment term and stopped making repayments. My ex-partner insists that because we were married and that because he made other payments for food and household expenses to my account during the time, he no longer owes me this money.
Customer: replied 15 days ago.
After nearly two years of making the repayments on my own, I became crippled with the debt and could no longer afford to make repayments. I subsequently remortgaged the home we both lived in, which was owned solely by myself in other to repay the debts. I have submitted a claim via money claim online and the case is now in Court. We have both completed Form N181 and his submission indicates that he disputes the claim - he refuses to accept responsibility for a debt he claims has already been paid back and he insists that he made other payments to my account during the same time period which were not for the debt in question, and as such, he should not be liable to pay back. I would like to understand the legal position.
Customer: replied 15 days ago.
We are currently going through a divorce and a decree nissi has been issued. I was the breadwinner for most of the marriage and my ex-partner is requesting a lump sum, property adjustment, pension sharing and spousal maintenance and refuses to acknowledge any of the significant debts owed to me.
Expert:  Virtual-mod replied 14 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 14 days ago.
I’ll wait, thank you
Expert:  plclegal replied 13 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Expert:  plclegal replied 13 days ago.

Good morning. I'm not 100% clear why you are pursuing this in the county court rather than as part of the matrimonial proceedings. However, you have taken that decision and I'll do my best to assist.

There's one point that your husband hasn't raised, and this is limitation. This concerns me.

Effectively you are suing under breach of contract. Assuming there was no formal deed executed for the loan, the limitation period for breach of contract is 6 years. On the basis of the facts pleaded in your form, the breach occurred in August 2014 when he stopped paying. So you would have had to issue the claim by August 2020 to be within the limitation period for a claim.

He would have a complete defence to the claim if you are outside of the limitation act period for bringing the claim. The judge would have a duty to bring this to his attention should this get to court without settling, and you could then be liable for costs if you have fallen foul of this.

This aside, whether this is decided in the county court  or the family court, the case will turn on evidence. You, as the claimant have to prove your case. So you will need to show that the loan had not been repaid as per his argument that it has and you need to demonstrate how and why it has not been repaid.

You also need to be clear that you lent it to him in a professional capacity not a personal capacity. In general loans between spouses are not actionable as spousal property is all considered jointly owned (hence the phrase in wedding vows - "what's mine is yours").

So, the matter will simply be decided on the basis of evidence presented to court. The party that presents the best case is going to win the argument.

I hope that this assists? Can I clarify anything further for you?

Customer: replied 13 days ago.
Thank you so much for this comprehensive response.
Expert:  plclegal replied 13 days ago.

My pleasure, happy to help.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 10 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 10 days ago.
I have an additional question please.
Customer: replied 10 days ago.
The Former matrimonial home in the ongoing divorce case is in my name only. I purchased the house with no contribution from my ex partner and paid the mortgage solely. Since the separation in January this year, I have continued to be responsible for the mortgage and all household bills. I understand this is of little importance in long marriages; we were married 12 years. I have three children under 18 who live with me. My question is this: the matrimonial home has a help to buy loan of £111k on it and equity of about 95k. What is the courts view of help to buy loans and is this taken into consideration when deciding how to divide up the existing equity? Especially if I am not prepared to sell as this is where my young children still live?
Expert:  plclegal replied 10 days ago.

Hello and thank you for the reply. This is a completely different question and so does need to posted into a new question thread please. If you request me at the start of the thread it should come to me directly. Thanks for your understanding.

Customer: replied 10 days ago.
Will do
Expert:  plclegal replied 10 days ago.

Thank you.