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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49801
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am owed money by my ex wife, £400. I have my bank

Customer Question

I am owed money by my ex wife, £400. I have my bank statements showing I transferred the money to her in May 2015. She refuses to pay me back. Is it worth me trying to claim?
Mr Michael Whelan
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.

Expert:  Ben Jones replied 11 months ago.

How long has this been owed for?

Customer: replied 11 months ago.
Hi Ben, I have been owed the money since May 2015
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. Leave it with me for now and I will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. There is nothing stopping you from claiming this money from her but you need to consider the circumstances under which the money was given to her first. For example, were you together at the time and if so – was it clearly intended that this money was a loan? In a relationship, often assets and money are considered to be joint so unless this was clearly money coming in from your accounts and it was intended as a loan to be repaid, then the courts may simply consider it was money one person in a relationship was gifting to the other.

Also consider that even if you had grounds to claim, doing so would not guarantee getting the money back. Assuming you are successful, all you get is a county court judgment in your favour. Whilst that requires her to pay you, she can still refuse to do so. If that happens, you will have to try and apply different enforcement methods to force her to pay and each one carries more costs and expenses. So you could end up spending a lot more than what you are wed, simply trying to get back that amount. It therefore depends on how willing she is to follow a court judgment against her.

These are all factors you need to consider but you may certainly still proceed with a small claims court claim, which is relatively low risk.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 11 months ago.
Hi Ben, thank you for your reply.
We were separated at the time of the loan, and it was made clear by me that it was a loan.
I was under the impression that this site was a no win no fee site and that you would deal with the matter. Of course I have already paid over £40 to your company for this.Your assistance is appreciated
MR MA Whelan
Expert:  Ben Jones replied 11 months ago.

I am not sure where you got that impression I'm afraid as we are an online Q&A site - as you can see from our home page. You may have followed a link to our site from a no win no fee webpage but that is not something we offer.

Customer: replied 11 months ago.
OK, thanks for your reply. You have not actually told me anything I did not already know. As I said I clucked on a no will no fee site and was directed to yours. I was informed that the money paid would be refunded with a successful outcome.
Am I able to claim back the money I paid as I have unfortunately been mislead.Your assistance is appreciated.
Mr MA Whelan
Customer: replied 11 months ago.
Expert:  Ben Jones replied 11 months ago.

yes you can ask for a refund from your account on this site. I do not deal with account issues myself so cannot tell you how to do it but there should be an option in My Account section