A
female
age
51-59,
anonymous
writes:HelloI have just split up with my boyfriend of 3 months, during this time he gave me £300.00 to repair my car and told me that he did not want the money back after i offered to repay him when he gave me the money, i have just had a letter delivered to my house demanding back the money that he lent me telling me that if i dont pay him within 2 weeks he will take me to the small claims court. I wrote to him to tell him that i dont have the money anymore as i paid the garage to repair my car, as he is quite high up in the police force and earns alot more than what i do, i think that he is being like this because i finished with him after he came home 1 night in a nasty mood and shouted at me.
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reader, anonymous, writes (6 November 2007): If he is threatening to take you to a small claims court then he could likely win.
I would recommend that you write him a letter back, stating that you intend to pay him £x amount in a certain amount of instalments. Work out whatever you can reasonably afford. Include with the letter installment number one (cheque).
Send the letter recorded delivery and make sure you keep the signature (available on Royal Mail's website).
When he cashes the cheque, he will have entered in to a legally binding contract and he won't be able to take you to court. Just make sure you don't forget to send the cheques when you agreed to.
If he refuses to cash the first cheque, and takes you to court anyway, you can use the initial letter as evidence that you attempted to pay him. The court will likely judge in your favour.
In doubt you should book an appointment with your local citizens advice beuro, they can give you proper legal advice and suggest your best options.
A
male
reader, rcn  +, writes (5 November 2007):
 I wouldn't pay him a dime for this retaliatory behavior. When you go to court they will ask questions such as: What were the re-payment terms of this loan? Was this loan written up and signed by both parties to prove the payment terms?
I want you to realize something. He may be up there in the PD, but one thing I've notice is Police Officers are less knowledgeable about the law than Judges.
In small claims court he has to prove this money was given as a loan, that you knew it was a loan at the time of accepting it, and what the clear terms of the loan were.
Save that letter. There is also a chance he's just trying to scare you because of the break up. Quite a few people make threats to sue but then never do. The reason for saving the letter is, he stated a time frame before filing with court. If he doesn't follow the time frame, that letter is evidence of that fact. Laws state that if you make a threat, you have to carry it out within the time frame stated, or you are not able to file suite over the same matter down the road.
The reason for that is to lower the amount of claims files that are malicious in nature. Such as you fight, a suite is filed, you make up, suite withdrawn, you fight, suite is refiled. Courts don't have time to play those games. So if mention of a suite is presented, it has to be followed through or will never be considered valid.
Also, if he's acting as a collection agency for this debt, I know your laws are fairly similar to hours, mention of court may be unlawful to send in printed material.
Also, if he comes back with another letter. Keep them. What you want to look for is threats like, if you don't do this, I'll attach property or anything that is legal based. He may be an officer but most subjects that go in front of a judge, if mentioned have to be done by a licensed attorney. A non attorney is considered to be the unauthorized practice of law.
Let him try whatever he chooses. Be strong and don't let his "presumed" authority bother you.
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A
reader, anonymous, writes (5 November 2007): Yes as Ms. Waterloo had suggested, I also think it would be good to repay him back regardless of what he's trying to do and how he feels. If you repay him the money, they you have no further connections with him.
Cut it clean.
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A
reader, anonymous, writes (5 November 2007): If i was you i would try to pay him the money back. He said you didnt have to pay the money back at the time, but you two only went out together for a short time. He gave it to you as a gift and he should honour that, but obviously he is still hurting cos you finished with him, and that is how he is reacting. I would try and get the money together and get him out of your life for good. You did the right thing by finishing with him and you are well rid of him.
take care
xx
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