- December 5, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Legal Dispute Over Unpaid Debt: Seeking Repayment After Verbal Agreement
Introduction:
I am currently dealing with a legal issue stemming from an unpaid debt owed to me by my ex-partner. This situation has caused me significant frustration and financial strain, and I am considering taking legal action to recoup the funds owed to me.
Background:
Approximately 4 years ago, I ended a relationship due to my ex-partner’s controlling behavior. Prior to our breakup, we had traveled together for 5 months in SE Asia and Australia, during which time I covered her excessive spending and accrued significant debt on my credit cards. Additionally, we had agreed that she would repay me for these expenses at a later date.
Upon our return to the UK, we had planned to move in together, and she suggested a plan to cancel out her debt to me by using the equity in her house, which she co-owned with her previous boyfriend. Though we verbally agreed to this arrangement, it was not formally documented.
Current Situation:
Following our breakup, my ex-partner sold the house without repaying me as agreed. Despite my attempts to communicate and request repayment, she has refused to fulfill her obligation. I am now considering pursuing legal action in small claims court to seek repayment of the debt owed to me.
How AI Legalese Decoder Can Help:
AI Legalese Decoder can be a valuable resource in this situation. By inputting the details of the verbal agreement and subsequent interactions with my ex-partner, the AI can assist in generating legally sound and formal documentation of the agreement, which can be used as evidence in court. Additionally, the AI can provide guidance on the burden of proof required in small claims court, helping me understand how the evidence I possess, such as the WhatsApp message acknowledging the debt, can support my case.
Closing:
I am determined to pursue appropriate legal recourse to recover the funds owed to me and to seek closure on this matter. With the assistance of AI Legalese Decoder, I aim to navigate the legal process with confidence and ensure that my rights are upheld in small claims court. Thank you for any advice or insights on this matter.
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****** just grabbed a
If you bought out the ex, why were you not on the deeds? That sounds a bit dodgy to me. Especially as usually the other person would also be entitled to 50% of the equity in the property regardless of whether they paid anything toward the mortgage.
Or do you mean you gave her the money to pay the deposit back to the ex in return for him being removed from the deeds?
If you were put on the deeds when you paid off the ex, how did she sell the house without your consent?
Or did this ^ not happen because you split up? In which case, if the ex was on the deeds/mortgage, then he was entitled to 50% of the equity during the sale, not just his deposit, unless he agreed to forfeit that right.
I’m so confused, why its only 8k.
Are there two claims here?
1. 8K holiday money?
2. Some claim on the house?
Neither is clear from your description.
>Would this single message be sufficient given that she acknowledged both the debt and the amount in a written message?
Ultimately it’s down to whether the judge can be persuaded that you’ve met the standard of proof, or not. It may be sufficient but the judge would decide.
The key issue here is that the law presumes financial arrangements between family members are not intended to be legally binding. If this went to court youÔÇÖd need to bring evidence contradicting this presumption and proving that at the time of entering the agreement you both meant the arrangement to be binding and enforceable in court.
From what youÔÇÖve posted it seems to me that you would have considerable difficulty proving that this agreement even exists, never mind was intended to be legally binding.
ThereÔÇÖs also the question of whether youÔÇÖd be able to recover funds even if you got a judgment, although if she owns a property you could get a charging order against it.
Put in writing, email/WhatsApp, etc, something along the lines of ‘ look we agreed to this. You agreed to pay me X if Y happened, etc. I am just asking for what we agreed on. Please, can you let me know when you intend to pay me back’
If she replies she isn’t paying it she’s acknowledging that she agreed to this terms but not willing to pay.
If she says she doesn’t know what you are talking about, then you are probably screwed.
Definitely put it in some form of writing though but don’t threaten anything at this point because you really need her to admit she agreed to it first and you don’t want to give her a heads up.
So thereÔÇÖs a message admitting the debt, even breaking it down, great. Before proceeding with any Court Claim, remind her of this message, perhaps send her a screenshot, and make it clear youÔÇÖre pursuing the debt and will take legal action if necessary – this may lead to her to repaying you or it wonÔÇÖt, and if not, you start your Court Claim which will cost you ┬ú455 and you can do it online. Seems like a no brainer to me. Good luck.
Just to say that a letter before action can be very motivating if well written, so even if you decide its not worthwhile going to court, you might still want to try that Рeither directly from yourself or paying a solicitor to write a serious version that will also have the benefit of their name and letterhead
You need to write one before going to court anyway and if carefully written doesnÔÇÖt commit you to making the court claim.
This post relates to the law of England and Wales.
There are numerous barriers to bringing a claim here; it isn’t just a question of discharging the burden of proof (which would be the civil standard of “balance of probabilities”, that is “more likely than not”).
£8k value would put any claim onto the small-claims track of the County Court, where you cannot claim the costs of legal advice and assistance in a case such as this ([CPR 27.14](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27)).
Contract law contains a presumption against legal relations if the agreement is domestic in nature (*Balfour v Balfour* [1919] 2 KB 571), so there may well have been no contract that the ex owed OP £8000 and, indeed, no contracts at all in this situation. A court does not rule based on moral obligations, only on legal rights.
The agreement to transfer a share of the property appears to be void at least as far as the legal estate is concerned; contracts for the disposition of an interest in land must be in signed writing ([section 2(1) Law of Property (Miscellaneous Provisions) Act 1989](https://www.legislation.gov.uk/ukpga/1989/34/section/2)). If, as is likely, the house is registered land, then the failure to register any interest the OP acquired creates further barriers to there ever having been part-ownership of the legal estate. It is unclear whether the OP ever had a beneficial interest in the ex’s house; there are too many unanswered questions in the given facts. Now that the house has been sold, the only hope of pursuing a claim would be against the proceeds of sale, so the OP is back to a money claim but with the substantial additional complications of a foray into land and trust law.
I cannot see much hope of OP carrying out a proper analysis of his claim without engaging a solicitor – but as the grounds of claim look to be very shaky and solicitors are likely to cost ┬ú200+ per hour, it would be easy to run up a bill of ┬ú1k+ on legal advice (which almost certainly cannot be recovered because of CPR 27.14), quite possibly to be told there is no viable claim anyway.
Part of me wants to say, “See if you can get a solicitor to give initial advice on a fixed-fee basis”, but in this case, I doubt even that is worthwhile. If a solicitor says, “There might be a viable claim here”, how would the OP pursue it without paying a lot in unrecoverable legal advice costs to frame the claim in legal terms? The costs of that legal advice are lost even if the claim succeeds because of CPR 27.14 unless the total value of the claim somehow exceeds ┬ú10k and would exit the small-claims track. If the claim does proceed on a different track then the risks of losing will be much higher, as OP is potentially liable for the ex’s legal fees if their claim fails (that’s the whole point of CPR 27.14: you cannot claim your own legal fees if you win, but you are not liable for the other parties’ legal fees if you lose).
The lesson here is that if you are making significant financial commitments in your personal life, seek legal advice first. It would have been possible to create a contract that rebutted the *Balfour v Balfour* presumption of no legal relations. It would have been possible to transfer an interest in the legal estate of the house (though I doubt the costs of doing so were worthwhile for a small share). However, these things cannot be done retrospectively!
What is the likelihood that she can actually pay? The fees alone for those would be ┬ú455. If you have it in writing and can prove that it was her phone, then that is good evidence, but if she can prove she doesn’t have any money, she could end up in a repayment system for ┬ú5 a week forever.
It’s hard to let go of so much cash, but is throwing more money at it the answer? You may be better off taking it as a lesson learned.
> She suggested I bought out her ex’s share of the deposit, and then the equity she owned on top of this would cancel out her debt to me, and we would then own the house 50/50. This seemed reasonable, so I agreed.
What do you mean by this? She bought your share of the house with the ┬ú8k she owed you or your paid more money to own the exÔÇÖs share? How does she owe you only ┬ú8k?
Math isnÔÇÖt mathing.
I can’t advise you any better on the evidence as others have, but I will say that you need to really look into how much it’s going to cost you to claim this money back in case it ends up disproportionate. There’s no point claiming ┬ú8000 if submitting your file and using legal representation or advice is going to cost more than that in the long run.
Your question includes a reference to Australia, which its own legal advice subreddit. You may wish to consider posting your question to /r/AusLegal as well, though this may not be required.
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I don’t think you have a hope.
Too much time has passed and she’s a single Mum. No judge would rule in your favour.
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Iirc small claims has a limit on how much you can get of £5k
Pay a solicitor to write a notice of intent to take court action. Send it recorded special next day delivery to her door.
Give her 30 days to get in touch and set up a payment plan for the monies.
If she doesnÔÇÖt respond, IÔÇÖd send a final demand. If she doesnÔÇÖt respond to that, IÔÇÖd give up on the debt. ItÔÇÖll cost a fortune in court and even if you win itÔÇÖll be difficult recovering funds.
Unless I have misinterpreted this she should also owe you for your share of equity in the mortgage when she sold, if you bought out her ex. Was that repaid, were you ever actually put on the mortgage, and did you buy the ex out directly or just shovel more money toward her?
How desparately do you need the money?
The suggestion below to write a Letter of Demand seems to be the easist option. Often people will compy with that (if the claim is genuine) as they are worried about any future legal action.
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