ChatterBank3 mins ago
Can she get her money back?
9 Answers
Hi, i'm a law student and this recently happened to my friend so i posted it on here to see if she can get any sort of money back from her predicament.
She recently broke up with her boyfriend of 2 years for reasons I won't mention on here. She lives with her parents and he lives in a flat which he shares with one of his mates. He went round her house a lot, more than she went round his. Her family never asked him for rent and never asked for anything in return. They did however give him money to pay off his rent and to pay for other things. She also left some of her things round his flat which he is now making excuses for not giving it back to her. I reckon he sold the stuff personally but that's not the point of this. He hasn't given any of the money back that he owes her and her family which is over £2000. She paid for his rent with the hard-working money she earns and to not get it back would to me seem unfair. What area of law, if any, does this come under and is she able to get any of her money back under the law or is she just doomed to be deemed as naive and suffer under the hands of this freeloader...? What does everyone think?
Thanks!
She recently broke up with her boyfriend of 2 years for reasons I won't mention on here. She lives with her parents and he lives in a flat which he shares with one of his mates. He went round her house a lot, more than she went round his. Her family never asked him for rent and never asked for anything in return. They did however give him money to pay off his rent and to pay for other things. She also left some of her things round his flat which he is now making excuses for not giving it back to her. I reckon he sold the stuff personally but that's not the point of this. He hasn't given any of the money back that he owes her and her family which is over £2000. She paid for his rent with the hard-working money she earns and to not get it back would to me seem unfair. What area of law, if any, does this come under and is she able to get any of her money back under the law or is she just doomed to be deemed as naive and suffer under the hands of this freeloader...? What does everyone think?
Thanks!
Answers
A loan is a contract and the law of contract says there has to be a clear agreement between the two parties as to a repayment plan. This could be 'when I finish my degree' even (but if he doesn't finish his degree, he will never be expected to pay the loan back legally). A vague expectation will never stand up in a court of law.
However, even a verbal agreement...
However, even a verbal agreement...
19:25 Sun 21st Feb 2010
A loan is a contract and the law of contract says there has to be a clear agreement between the two parties as to a repayment plan. This could be 'when I finish my degree' even (but if he doesn't finish his degree, he will never be expected to pay the loan back legally). A vague expectation will never stand up in a court of law.
However, even a verbal agreement will stand up in court.., but in this case it will be their word against his as I doubt he'd state he agreed to pay the money back.
As said previously.., if its cost her £2k to learn a hard lesson., and that this person is a skunk.., its a lot less than a longer relationship with him would have cost her (seriously I am speaking from experience here.., try a 12 year relationship lol).., altho I am sure that is small comfort.
However, even a verbal agreement will stand up in court.., but in this case it will be their word against his as I doubt he'd state he agreed to pay the money back.
As said previously.., if its cost her £2k to learn a hard lesson., and that this person is a skunk.., its a lot less than a longer relationship with him would have cost her (seriously I am speaking from experience here.., try a 12 year relationship lol).., altho I am sure that is small comfort.
Proof is the difficulty, but money claims can now be made online. Read the guidance here
http://www.hmcourts-s...rvices/mcol/index.htm
http://www.hmcourts-s...rvices/mcol/index.htm