Small claims court case?

Question

I was wondering if i could take my ex-boyfriend to court over the £2,000 he owes me? I lent him this money during the 2.5 years we were together to help clear the debt he was in and to stop baliffs knocking at his door. I naively believed that i was making a better future for us, then once i had paid for him to take his exams to gain qulaifications that meant he could get a decent job, he dumped me. During that time i saw not one penny back, he would always plead poverty even though he managed to find money to buy gym membership, ipods and the latest mobile phones. A year after we split up i have still not seen a penny back. I have got emails and text messages from him acknowledging that he owes me £2,000 and that he understands it was a loan and that he intends to pay me back. What are my chances of winning this money back in a small claims court?

He apparently won some compensation recently and emailed me saying he had £1,300 to give me and asked for my account number and sort code which i gave him. He said that he had paid this money into my account almost two weeks ago but nothing has gone into my account, and my bank have said that a bank transfer usually only takes 3 days to clear. I'm starting to wonder if he's just stringing me along.

Could i take him to a small claims court and if so what would be my chances of getting this money back? (bearing in mind that he doesnt really have a lot of money) How much would it cost me, and would he have to pay my court costs if i won? I know it is only £2,000 and a lot of people have told me to just forget it, but that money would make a big diference to me, as it was money from a loan so i am going to have to pay it back soon.

Please only reply if you have facts, i need to know for sure. Thanks in advance for any help :-)

Answer 1

Just done a similar thing - and won plus costs.

So long as you can prove he accepts he owes you the money - you will win.

In most cases the papers will be served (by the way - you can do it all online now) and he will have 14 days to acknowledge the papers - if he does not - the court will enter judgement by default - in other words - guilty - pay up.

Go here  http://www.hmcourts-service.gov.uk/infoa...

fill in the part - MONEY CLAIMS ONLINE.  Job done - sit back and relax and let the court do it's job

If you need any further help feel free to Instant Messenger me and I'll do what I can to help

Answer 2

No written notice of loan will be hard to win, with you it is a case of love over ruled the brain

Answer 3

I'd say you have a good case as he's acknowledged the debt.

The site below has all the details of the small court procedure and you can make the claim online which is very cheap.  If you win he will have to pay all of your costs

Answer 4

If you have written proof of the loan, I would say that you have a pretty good case. The cost would be whatever your filing fees are. If you win, court costs would be up to the judge. At a minimum, change your account and sort numbers. You don't want him to have access to your money.

Answer 5

As long as the money owed is less than £5,000, then you can take him to the small claims court. However, you must try to settle before applying to the small claims court. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply – a month is usual. You should also warn them that you will take court action if they fail to reply within the given time. That way you have evidence that you have tried to get the money back.

Answer 6

I suspect you are not going to get a clear cut answer on this. I asked Trading Standards what my chance of winning a particular case was. They pretty much said in spite of having a good case it could go either way on the day.

I also fear if you win the case you may still have trouble recovering the money if he doesn't have it.

I would speak to Citizens Advice to get an idea of the potential costs involved when making a Small Claims and how to go about doing it (by the way there isn't technically a specific Court for Small Claims). However, it might just be best to chalk this up to experience.

I would be very careful about giving someone like this any bank details by the way.

Answer 7

You've got some good practical advice in the answers above, but your question is: what are my chances of winning?  

I'd say pretty good. The law (in the UK) presumes that if money is advanced from one person to another, it is a loan.  If the otehr person says (as they always do) 'it was a gift' then the burden is upon them to prove it.

Apart from a modest issue fee, there are no costs implications.  It's a small claim and therefore both sides bear their own costs (apart from the issue fee, which he will be ordered to repay if you win).

I'd suggest you make a note of each relevant text message and if you can get them printed off so much the better

The claim must be served at his last known address, and you must prove it came to his attention.  If he turns up to the hearing, that's pretty good evidence.   Is he on the electoral roll anywhere?

It makes no odds whether he comes to court or not, except that if he does not, you must be able to prove he is aware of the claim.  

Enforcement (of a successful judgement) may be tricky, but if he has a salary, you can get an attachment of earnings order; or garnishee his bank account.  there are forms at court to tell you how to do this, if it comes to that.  

However, get the judgment first - then lets see how he likes being an undischarged debtor.  He'll struggle to get a credit card or any credit facilities at all.

Answer 8

Not to give you the odds on your case, but 75% of judgments out of small claims are never collected, because the debtor doesn't have any money.  Total waste of time here in the States, perhaps where you are the collection mechanism is better?  

For what it's worth since he has put in writing (email) that he wanted to give you back 1300 that would be proof of at least that much debt here in the States, and the judge would probably award you that amount, if not all of it depending on what he said when he gets to court.

Answer 9

Its costs £80 to take it to court.

From what you have said you have a good case so its worth the gamble for £80. As said by previous answers if he has no money the court cant make him pay want he has not got. But if he loses the case and has a job you can obtain an attachment of earnings and reclaim your money that way. But is it worth all the hassle you could just put it down do a expensive learning experience.

Good luck in whatever you decide.

Edit: the fee varies dedpending on how much you are claiming for. See link

http://www.hmcourts-service.gov.uk/court...

Answer 10

Proving the debt exists would seem to be your priority. If you can amass evidence that he owes you the sum you should have no problem winning a small claims court action. I imagine in your case this will be difficult as you probably had no formal agreement. If you can get him to acknowledge the debt, ideally in writing, or at least in front of an independent witness it would help considerably. You could phone him and record the call. You may be able to cite money transfer, but you then need to show what the money was used for. If you get the proof of debt it's plain sailing, if not, you have to chalk it up to experience. By the way, his non attendance at court gives the decision in your favour, automatically.

Answer 11

Yes, you could file a claim against him at your local magistrates’ court. The fee is £30.

Basically, he will get a letter that saying that you claim £2000 from him. He will then have to reply, either accepting to pay £2030 or claiming that he does not owe you £2000, maybe less or nothing at all. If he chooses the second option, you’ll both be summoned for a hearing where he can defend himself and state how much he thinks he owes you, if anything at all. If this happens, you’ll need to show evidence that he owes you the £2000 and it was not a gift – and that the money was purely for him, not £2000 spent on improving both your lives.

The problem is, he may be ordered to pay you back but if he doesn’t have the money or any property to his name, it’ll be bloody hard for you to get it. However, if he owns a flat or car, the courts can put a charge against it, and if he works, they can garnish his salary to pay you back.

If he does not come to court, he can be proved guilty in his absence or a warrant for his arrest could be released.

Good luck!

Answer 12

you could take him to court and win .......its a waste of time you still wont get it learn by the expensive experience.

Answer 13

you lent him money? how did you lend it? was there a signed agreement that he was to pay it back? or did you just give it to him. lets hope the check is in the mail. its a case you can't win. when you lend, loan or give, your lucky if you get the money back.