How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1083
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Law Question Here...
Jeremy Aldermartin is online now

I need some advice on how to go about a situation where my

This answer was rated:

Hi Pearl, I need some advice on how to go about a situation where my pervious partner owes me between five to seven thousand pounds. He’s borrowed money with the promise of repaying it but has never actually repaid me any of the money.
Assistant: Where are you? It matters because laws vary by location.
Customer: I’m in West London
Assistant: What steps have you taken so far?
Customer: I’ve verbally spoken to him many times to try get him to repay me and it’s never been successful.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Yes. This money has all been borrowed during the period we were together. We have now been separated for over a year and a half so it is now difficult for me to contact him directly and ask. I feel I need professional help in this matter for him to take this responsibility more seriously. Thank you
Hi thank you for your message, at the time he borrowed the money was it clear between you it was to be repaid and do you have texts or emails where he has said he will repay you?
Customer: replied 6 days ago.
Hi Jeremy, thank you for your quick reply. He has always known this money was not just given but borrowed with the intent of him repaying me. I have some texts where he clearly agrees and understands the amount he owes me.
Customer: replied 6 days ago.
I would prefer to message at this stage, thank you.
Hi thank you for your message, please ignore call requests that is sent automatically. In the the circumstances and as you now wish to take the street further I would advise you send your ex partner a letter before action to demand payment of the money within 14 days and say that if they do not pay you, you will issue county court proceedings against them. You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case. You would claim the sum for the money owing, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of when the money should have been repaid to date of court judgment. If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.
If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant. This should ensure you are actually repaid the money.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Jeremy Aldermartin and 4 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Thank you for your help.