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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify that he is counter claiming for wear and tear on his car for coming to see you during your relationship please - or have I misunderstood?
yes that is correct
Thanks. I must confess that is a new one on me and it has brought a smile to my face. His defence whilst creative can have no hope of success. One cannot charge ones partner or spouse for travel expenses.
The only way he would be able to do so would be if you entered into some form of "relationship agreement" whereby you agreed to pay his travel costs or he had evidence that you had in practiced agreed to pay his travel costs, neither of which I assume would be the case.
Assuming this is the case, and this is his only defence, but he otherwise admits that you loaned him money and that he has failed to pay it back, you may wish to consider asking the court for summary judgement. A court can where the defendant discloses no credible defence enter summary judgement without a full hearing. It is up to a judge to decide whether to do so but a judge is unlikely to be "impressed" with your ex partners defence and this may therefore be suitable for summary judgement if you can present a clear statement of the amount you are owed.
If summary judgement is not granted, then the matter will proceed to a hearing where, unless your ex partner can come up with something more substantive, I would anticipate judgement would fall in your favour.
I am glad it made you smile it did me to - no we had no such contract! I just wanted to check that I am ok to go ahead and take him to court and that was a poor defence. Do you think I would have a good chance of the court asking him to pay the full amount back?
In English law there is a presumption that any money you give to a partner is a loan unless there is express evidence that the money was a gift on which it would be for your ex to prove not you to disprove. On top of that you have evidence that he has made some small repayments so your partner has no real prospect of arguing that the money was a gift which is his only defence available - unless he can show you owe him money by way of set off which is obviously what he is trying to argue, albeit without basis.
On that basis, as above you would appear to have a strong claim against him.
great thanks very much for your help
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
thanks have a good day
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