Lent an ex partner some money. Can I get it back?

[SpiritLady]

Hi. I lent my ex partner some money 3 years ago but obvoiusly there was no contract signed. The only proof I have is a copy of the cheque made payable to him from the building society. The relationship ended this year and I would like to know if I have any legal right to claim for the return of my money? Which would be my best bet - the small claims court or a debt collecting agency?

[CheekyChops]

I'm pretty certain that you would need to be able to show that it was a loan and not a gift, a copy of the cheque is not proof of that.

[Ethel]

Yes, you will have to show it was a loan intended from the outset to be repaid.

You could sue him in the small claims court. He will say it was a gift; it was to pay back money he lent you; it was to pay for something you benefited from (holiday, housing, anything); he paid it back...

The court would want to know why you are pursuing it after three years when he hasn't made a single payment.

Even if the court find in your favour you will probably have trouble enforcing it.

You can't engage a debt collecting agency until you have a court judgement - they don't go chasing debt just on your word, they will want proof of a debt.

[SpiritLady]

Thanks for the words of encouragement lol. I was afraid of that - he was clever enough not to have anything put in writing. So I guess I have to face it - no chance of getting my money back unless you have any ideas on how I can show it was a loan not a gift??

[Ethel]

There is no way of proving it was not a gift - even if you can show he used the money to buy a motorbike only he ever used, for example, he can still claim it was a gift.

Did you ask him to repay it while you were together?

[SpiritLady]

Yes Ethel I did. Trouble with me is im too trusting and he kept saying 'yeah babe, when things get better i will pay you off so much each month' and like an idiot I believed him. Thing is now, I would have to take legal action and poss make him banckrupt as he is 35k in debt without even thinking about litle ole me!