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Money owed
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??
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No best answer has yet been selected by marco27. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.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.
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.
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!!
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?
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?