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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71155
Experience:  Over 5 years in practice
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I have got credit for my niece on my Visa card of £1610. She

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I have got credit for my niece on my Visa card of £1610. She has now moved out of my house and is refusing to pay me back. One of the items she got was a hand bag of 1040. She promised to pay me back at 250 a month which she hasn't made a payment . I never gave it her as a gift and have witness saying she would pay me back. Also txt messages saying she would give me the bag back, which she hasn't . Have I a case towards her or am I waste in my time. Thank you

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How old is she please?
Customer: replied 4 years ago.
She is 24
Thank you.

You do have a claim. She agreed to pay this and has not done so and that is breach of contract.

This is Small Claims Court claim and so it will be cheap and quick to issue against her.

You do need to send her a letter before action making clear that if she does not pay within 14 days you will sue and recover costs and interest against.

In terms of rebutting her possible claim that this was a gift, I do not think there would be any difficulty with that. This is a 24-year-old woman who is in work and you are not the closest relative. It is quite unlikely that the court would think that such a large sum of money was a gift and, in particular, not because they seem to have been multiple transactions. An expensive handbag may have been gifts but she has spent more money than that tending to suggest that it is a loan.

Hope this helps. Please let me know if you need any more information.

Customer: replied 4 years ago.
One of the txt she has sent me is saying she will give me the bag back, so I can sell it but what ever I get that is the full payment of the bag. I would only be able to sell the bag for around 500 pounds. So I would be losing around 600 .what will happen if she sends the bag back. I don't want the bag I want the money
She cannot deal with this by sending the bag back. What was agreed was that she would pay the money that she spent and that is the claim that you have. You didn't sell the bag and so you cannot be fobbed off in that way.
Customer: replied 4 years ago.
So if she offers the bag back do I refuse it.? Also I don't no where she is living but I no where she works is it ok to send her a letter there, and when I make a claim is it ok to put her works address now. She refuses to tell me where she lives. She lived with me for 9 years. What do I write in the letter to her. How do I start a claim thanks

You can write and issue to a work address.

You can always get a tracing agent to find her. It will only cost about £100.

You just write to her saying that she owes X amount and if she does not pay within 28 days you will issue and seek costs against her.

You can issue here
Customer: replied 4 years ago.
Sorry but what do I do if when she receives this letter and sends the bag back to me. Can I still make a claim against her. Or shall I say in the letter I only want payment not the bag back.
I presume that you didn't give the bag?

You purchased the bag with her at her request on the promise that she would repay?
Customer: replied 4 years ago.
Yes that's right
Then the bag isn't your property and wasn't your consideration.

If she sends it to you then just return it.
Customer: replied 4 years ago.
Thank you for your help

No problem and all the best.

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