What are my chances?

[Kathyan]

My daughter's (then) boyfriend borrowed �1000 from me nearly two years ago. We have since left NI where we were living and returned to England. I have contacted her ex to try and get the money back but to no avail. What are my chances of getting this money back if I go through the small claims court? I don't have any real proof that he owes me the money so I'm not very optimistic!

[dilligaf]

If you write to him asking if he has any intention of repaying the money.

If you can get a reply from him admitting he received it, even if he refuses to repay it, take action.

If he refuses to reply or denies you lent him the money I am afraid there is little you can do about it.

[stanleyman]

If you make a claim after telling him you are going to do it in your local small claims court then it will help if you have at least some evidence or witness to that effect, your daughter for example.

However, he will have to defend a claim and you don't know if he will deny having the money or admit it. It will be up to the judge to decide if he has had the money, they are used to these things. If he does not respond to the claim you've got it anyway by default. All you can lose is your �70 online court costs, so go for it, I would.

[WendyS]

Did you give him cash or a a cheque? If you gave him a cheque, your bank should still have a copy of it in their archives if you contact them quickly and ask for a copy. If you didn't get him to sign an agreement and have nothing in writing, my guess is that it may be very difficult for you to get this money back.

[Kathyan]

I gave him cash that I withdrew from my credit card in two lots of �500. I have copies of the statements which show these withdrawals but I don't have proof of giving him the money, my daughter was the only other person who knew about it.

[stanleyman]

Presumably he agreed to pay you back so this is a verbal agreement and just as enforceable as a written one. Your credit card statements will be good evidence of the money being in existence at the time and your daughter is a witness. The judge will decide on the balance of probabilities after listening to both sides if you lent the money, you don't need to be able to prove everything.