Can she get her money back?

[Coco_bunga]

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!

[CheekyChops]

Was the money given as a loan, was he aware that he would be required to pay it back? Is there any proof that he was give any money? Without some sort of proof he could simply say that it was a gift.

[ummmm]

Once bitten twice shy.

[sara3]

it sounds like a gift to me.

anyway, your friend needs to go over with a couple of big blokes to get her stuff back.

[tamborine]

she needs proof of loans (bank statements hers/his) before she takes legal action to recoup her losses. £2k to get shot of a waster - cheap! If she sent a 'signed for' letter requesting return of clothes (proof she lived at the flat) she could sue him for half his interest in the flat.....hmmmm?

[bednobs]

it's in your question really - "her family GAVE him money"

[Coco_bunga]

She gave him the money as cheques for his rent and with the intention of getting it back once he could repay her. The family was the same, only lent him the money with the intention of having it paid back. So what could be counted as proof then?

[hc4361]

That will prove only that they gave him money. It will not prove the money was a loan and not a gift. They will have a hard time proving it, especially as there was no definite repayment plan.

[deannatrois]

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.

[ukvillafan]

Proof is the difficulty, but money claims can now be made online. Read the guidance here

http://www.hmcourts-s...rvices/mcol/index.htm