My ex owes me money that i lent her to clear her debt but it was only a verbal agreement. Can i get it back?

Question

When i was with my ex-girlfriend I lent her 10 grand to clear all her debts and loans. She agreed to pay me £100 per month, which did at first, but it was no suprise that she cancelled the standing order when we split up. This was 18 months ago by the way. It was only a verbal agreement, but i have my old bank statement that shows the loan being transfered into her account. I have asked her to pay me back but she says she can't support herself, let alone pay me back. Now i'm falling into debt and desperately need her to pay me back. Given that i dont have any written proof that it was a loan and not a gift, how do I stand?

Answer 1

Say bye bye to any chance of recovering it. But there is a theory that says what you give away you can't loose.

No doubt you lent it to her with the idea that life would be rosy for you both from then on, but things have turned out not as quite expected.

Lending and friendships don't go well together. You don't actually go along with a friend to a solicitor and work out the nitty gritty of the re payments, you tend to take things on trust.

The problem is if you pursue her for it, you risk legal fees and having to settle for only a portion of the money owed in full settlement.

If you are certain of her ability to repay, you have a chance. If she has genuine problems then it's doubtful. Legally, I presume, you could sue her for breach of contract, but the right to sue doesn't necessarily entail that you will get what you want.

Answer 2

I regret to say that it may be very difficult to recover the money your girlfriend owes you through the court system. You could try a solicitors letter threatening court proceedings which may do the trick perhaps?

However, from a legal point of view verbal contracts between couples/friends/relations etc are very rarely legally binding.
If you are going to enter into such an agreement in the future, always make sure that it is put into writing, detail the rate of payment, what happens if there is any default, whether you are charging interest and get it signed by all parties.

Answer 3

You have the proof of the transfer and of the Standing Order repayment going into your account monthly.
You could try negotiating with her for a reduced rate of repayment, say £50 per month; if she agrees, get it in writing.
Citizens Advice Bureau might be a good place for you to go for free advice.
Maybe just the threat of the Small Claims Court would help her decide to repay some of the loan. County Court Office for advice about that.

Answer 4

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Answer 5

You do have proof....you have a bank statement showing 10,000 going out

Normally a court would not entertain an agreement made between family and friends but in this case you would be able to claim because you have separated

And...just for the record.....you do not need an agreement to be in writing ever....it is desired that it would be because of proof but as i said you have that

Write to her and ask for the money. If she refuses/ignores say in 10 days issue a small claims court proceeding against her

Answer 6

You have evidence of the money being transferred to her account from yours, and if you have the loan agreement signed and dated before that transaction then you probably have enough evidence to show you gave her the money.
However you are still legally liable to repay it, which you probably know.
You can take her to court, but if she is broke, you may only get it back at a few quid a month. You will have to put in a claim first, and your local county court will give you the right forms.

Answer 7

This varies by jurisdiction. By your use of pounds instead of dollars, I am assuming you are not in the US? In the U.S. your monetary claim may be barred by the UCC statute of frauds which requires certain transactions (over $500, real estate, more than a year to complete for services) be in writing to be valid transactions. However, you may be granted equitable relief for her receiving unjust enrichment, or other alternative claims. Since she has made some payments (arguably acknowledging the debt), your case may not be as weak as some have stated.

Small claims courts have limits, in most states you may only recover $5K to $7.5K, so you may not be able to recover the whole 10 grand in a small claims court. That may be okay, considering everywhere else you will be fronting legal fees for a marginal claim of equitable relief.

Obviously, you should talk to a lawyer. It goes without saying that people should always have contracts in writing.

Answer 8

I think your bank statements show that you were being given £100 a month and that you gave your ex the £10000. Try going to a small claims court to seek legal action. See citizens advise onhow to do that.

If you are having financial trouble then you need to look after yourself than be a sucker for someone else to sponge off. Sorry to put it bluntly like that - but in this case look after number 1.

Answer 9

You can try to get the money back through legal channels, but it will be harder to prove since it was just a verbal contract.

From a practical standpoint, you can not get money that she does not have. If she can not even support herself, there is no way you will be able to get enough money in the short term to cover the legal costs let alone dig yourself out of debt.

Answer 10

Your bank statement should be proof enough, but, you may need to check the Statute of Limitations are where you live.
Also, if you want to sue her in Small Claims Court, each state had a Cap on the amount a person can sue for. For example, NY, you can only sue for $5000.00, so check what other Court you can sue in.