Ripped off by an ex. Any advice? andyward82

#1
Hi. A familiar story I'm sure but I thought I'd try anyway.

Was going out with someone, her car died and because of her dubious credit history she couldn't get a loan. So I agreed to get a loan out for her and she'd pay me back (I know, stupid idea). Anyway, we broke up a few months later. Surprisingly she carried on paying for a couple of years but how now stopped 2 years short of the final date. The car is in her name so essentially I'm knackered I think.

I do have record of all her payments to me so I'm thinking perhaps if I do take her to court then the payments themselves will be an indicator of us having an agreement?

Does anyone have any experience in this kind of thing? I'm guessing I've got no chance but thought I'd ask...

#2
A record of continuous payments may prove to a court that it was indeed a loan.



However you have to consider the possibility that she's stopped paying because she doesn't have any money. If that's the case, taking her to court won't help you get your money back - a court can't force someone to pay what they don't have.

#4
Well, I messaged her asking why she's not paying. No response. Asked again each time for the next couple of months to no response. I even said 'look, if you're having problems making the payment just say and that's fine. but ignoring me isn't really going to help'. No response.

#5
It may not be as bad as you 1st think. Was the loan a hire purchase agreement linked to the vehicle or a personal loan?



Only reason I ask is that subject to condition if it is hire purchase you may be able to voluntary terminate the agreement.

#6
How much left to pay? You need to work out if its worth chasing - blood/stone spring to mind.



You lend money to family/friends you should be able to write it off if they stop paying and move on.



Good luck

#7
Well, here's another thing. It's not secured on the car. I also settled it today. Just under £3k paid. However, she'd paid £3680. She'd missed at least 16 payments of £160 over the past 3 years. I could let it go but at the end of the day she's essentially stolen from me and I don't want to sit there and just take it. I'd like to fight back if I can...

#8



Well, here's another thing. It's not secured on the car. I also settled it today. Just under £3k paid. However, she'd paid £3680. She'd missed at least 16 payments of £160 over the past 3 years. I could let it go but at the end of the day she's essentially stolen from me and I don't want to sit there and just take it. I'd like to fight back if I can...
Originally posted by andyward82


Ok, she hasnt stolen from you, she just hasnt repaid a debt that she agreed to pay. You recourse is a small claims track, will cost you around £95 to file, assuming you still have her address. You can do this online I think or manually.



Send the forms off, go to court and if she doesnt attend or if the judge rules in your favor she will get a CCJ, up to you if you want to enforce it, which will cost you more money and no guarantee of getting it all back - but it will make her financial life a little harder if it helps.



Good lucks

#9
Thank you. I'm going to write to her one more time - this time on recorded delivery etc and tell her exactly what I'm going to do. She works for a financial company and a CCJ would land her in massive trouble so I'm hoping she'll get scared and start paying again. OR I'll offer to take the car back and she can source her own. I'll then sell it to get whatever money back for it I can.

#10



Thank you. I'm going to write to her one more time - this time on recorded delivery etc and tell her exactly what I'm going to do. She works for a financial company and a CCJ would land her in massive trouble so I'm hoping she'll get scared and start paying again. OR I'll offer to take the car back and she can source her own. I'll then sell it to get whatever money back for it I can.
Originally posted by andyward82


Don't - she could have trashed it and then you're ending up with a car you can't sell and she's technically "repaid" you by returning the car... Stick to the financials.

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