Money owed

[marco27]

i lend my ex money back in april 2004 to buy a car and various other items she didnt start paying me back till aug 05 by monthly instatements which stopped in sept 06 she is now saying that the car was bought for her as a gift and that i should take her to court? do i stand any chance getting my money back, i have kept all evidence relating to the money i lend her and the money she has paid back and text relating to the money and not once at anytime was the word gift ever mentioned till now??

[cassa333]

I have heard of this before and as she had made payments to you already shows that she understood the money to be a loan.

When she has paid you before how was it paid? cash, dd, cheque or so. Did she sign receipts?

This will all go towards evidence.

Also depending on your circumstances you could get a legal aid and get a letter asking for payment or you will take her to court. It MIGHT nudge her into paying.

[marco27]

thank 4 getting back to me, she paid by direct debit on most occasions which i have copy bank statements we are waiting for a court date at the moment as i had employed a debt collector who has done all the legal stuff but i found out today she has a barrister who is defending her and saying now that the car was a gift!!

[marco27]

she is also trying to say that she was in a controlling relationship and that is why she paid me as i put pressure on her and made threats!!!

[dzug]

You need to get your terminology right Marco - it will help you appear more credible if you do take her to court.

I really doubt if she paid by direct debit, since this involves you in collecting money from her account - you pull, she doesn't push, just allows it to happen.

[cassa333]

If she has a birrister then get one yourself. Gather as much evidence and whitness statements as possible.

I remember one time the car salesmen was called as a whitness as he was there when he said-she said so to speak even though it wasn't written down.

[Eve]

It's probably the most obvious defence, trying to make out it was a gift (just watch a few episodes of Judge Judy :) ).

Have you anything in writing relating to her payment of the installments?

I'd say the fact that she was paying you back some of the installments could infer that it wasn't a gift else why would she pay you back any money at all? Bear in mind what her barrister may say in court about what this money was for so you can try and defend it.

Eg, could she try and make out you were struggling so she paid you some money to help you out?

Can you relate the payments she made to the car payments eg by amount or timing?