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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 4729
Experience:  Dual qualified Solicitor and Attorney
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I am a bit stuck on what I can do and need a bit of advice.

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Hello, I am a bit stuck on what I can do and need a bit of advice. Iv recently split with my ex partner. While together I got a Range Rover on finance and put it in her name as she wanted it so the finance is in her name but Iv paid the deposit for it. Half of all the monthly payments for it, the insurance/road tax for the last 2 years. The maintenance and general up keep of it. Iv also lent her £3500 and she kept £900 that she owes me from when ***** ***** went bust, she has had the refund and is refusing to pay any of the money back, won’t pay the loan back and has taken the Range Rover and refuses me anything to do with it. I have receipts for everything. Where do I stand on trying to get some of the money back if not all of it. Thank you shaun
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: Just approaching her to try and settle it but she’s refusing everything and saying she doesn’t owe me anything
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that’s all thank you

Hi thank you for your message, you will struggle to get the money back because you need to show it was agreed that despite being in a relationship it was intended you would get this money back. There is a presumption in the law that you do not intend to enforce in court agreements between family, friends and those in intimate relationships such as spouses, girlfriends etc. Therefore to overcome that presumption you need to show that you did intend to get this money back at the time such as a text. email, written agreement where your ex said yes I will pay you back or something like that. . 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.

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Customer: replied 7 days ago.
Thank you for the reply, I actually have txts of us talking about the money and talking about getting it back, I also have a txt about getting half the deposit back from the Range Rover.

I understand, in that case you could write to her and ask her to pay back the money in 14 days or you will bring legal action.

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.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, 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 loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

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.

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.