Legal Question in Civil Litigation in United Kingdom
Trying to recover �5500 owed to me!
I loaned �5500 to my ex a month ago, this was loaned to pay a debt for her. I gave the money in cash by hand not via accounts to her to pay her debt with a person not a company! We drew up no contract and have no documentation relating to the loan.
The loan was a verbal agreement; I do have two witnesses that are friends that were present during the verbal agreement.
Now we have split up and I have asked for the money my ex is alleging that I gave the money as a gift not a loan.
As I have no proof or paperwork can I take her to the small claims court?
Would a solicitor be interested in my claim as it is one word against another?
Many thanks for your time.
Regards
1 Answer from Attorneys
Re: Trying to recover ?5500 owed to me!
The limit for claims under the small claims procedure is £5,000 although otherwise this matter is ideal for the informal small claim process. As the amount claimed is only just over the limit it is quite possible that on application to the court it will be dealt with as a small claim.
Contrary to what some people believe, the courts do tend to get to the truth of matters. Your former girlfriend can be required to give evidence under oath and I imagine will be in some difficulty in explaining why you should choose to make a gift to her of this amount.
I am sure that you will be able to find a solicitor who would act but the difficulty is that the charges incurred (which might not be recoverable) could be prohibitive. There are no particularly difficult legal issues here and the matter turns simply on the facts and evidence. My advice is that you should act in person perhaps with some help preparing the statement of claim and court papers.
Let me know if I can help with this or advising the other
Andrew Dutton
www.legal-zone.co.uk
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