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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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Hello My ex partner is taking me to the small claims court

Customer Question


My ex partner is taking me to the small claims court over a home improvement debt in his name. We weren't married and split up over a year ago. I have him over 10,00 for various debts and even signed agreement saying I would give him monthly instalments for this home improvement debt. Thing is I was in a bad way because h was both physically and emotionally abusive. We have children together and to get him out of the house we jointly owned, he refused to go unless I signed this document. This wasn t done in the presence of a solicitor. The 10,00 was for his share of the house and another debt (though bank confirmed the house was and still is in negative equity). I am now in debt. So my question is can he win if he takes me to court to to force me to pay the £2000 he says I owe him even though it was in his name.
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
What do you owe him this £2,000 for?
Customer: replied 5 years ago.
We had been paying for a new kitchen whilst we were still together. This was on a 4 year plan and interest free monthly instalments which are due to end in 2015. He say the £2000 is half of the outstanding amount owed for this kitchen. The finance is in his name and he is paying £90 a month on total. I am paying £330 a month for the loan I took out to pay him to leave the house. As there was no equity in the house I was unable to raise it that way
Expert:  Jo C. replied 5 years ago.
But there was any agreement that you would repay it?
Customer: replied 5 years ago.
Yes, £44 a month. He drew up the agreement which was part of on overall separation agreememt and I signed it without consulting a solicitor. I was under duress because of the intimidating atmosphere at home, he was still living with me and refused to leave until I signed it. The atmosphere and verbal abuse was affecting the kids and I couldn't see any way out. I believe now that I have had some distance that I was forced to sign under duress. For your information the police were called to my address when he physically assaulted me on the day of the separation so as you can understand, there was a lot going on. I also have emails and text messages showing how verbally abusive he was being towards me whilst still living with me during the separation and after he left the home.
Expert:  Jo C. replied 5 years ago.
I'm really sorry but you are liable then. There's no way around it. You agreed to make these payments and have not done so.

I'm afraid the circumstances you describe do not amount to duress as there was no immediate threat to your life.

Whether the agreement is in his name or not is a non issue. Clearly there was an agreement that you would repay the sums.

You should be offering to settle as you will lose I'm afraid.