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Legal matters

Ex demanding money threatening court

7 replies

Redtartanshoes · 28/07/2014 10:36

Just after some advice/reassurance hopefully.

EA ex and I split up a few weeks back after I ended it.

He is now threatening to start court proceedings against me for a holiday that we went on that he paid for (insisted he paid, said it was a gift)

Can he do this? I know he's just trying to stick the knife in, said if I give him another chance we can forget about money but I'm scared I'm going to end up in court Hmm

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vickibee · 28/07/2014 10:38

Legally he wouldn't have a leg to stand on. if I had the cash I would just give it to him to get rid of him and move on,

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Redtartanshoes · 28/07/2014 12:05

I haven't got the money if I am honest, I told him this when he booked the stupid thing.

When he booked it I felt so shit I said I would try and pay him something towards it but now he's using this as (another) stick to beat me with

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Middleagedmotheroftwo · 28/07/2014 12:11

He's being ridiculous. Ignore him.

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mom1983 · 28/07/2014 12:59

I'd tell him to take it to court, let them laugh at him.
Don't worry he is just trying it on.

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Needadvice5 · 28/07/2014 13:02

Have you been on the holiday?

How on earth is he going to prove that he's paid for it?

You could argue that you gave him cash if he's saying that he paid on his card.......


Ignore and let him get on with it!

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firesidechat · 28/07/2014 20:12

As others have said, he won't have a leg to stand on. The onus is on him to prove that it wasn't a gift. He won't be able to do that, so try not to worry.

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nestviper · 28/07/2014 23:10

Red, we see this kind of thing every day in our office. There is no straightforward answer without first hearing all the details. There are however some "presumptions" (I practice in Scotland) specifically relating to this. I can not comment on English law but if he does persue it the court will rely on you to prove it was a gift and not him to prove it was a loan. This link sums it up fairly well.. www.justanswer.com/scottish-law/43wib-scottish-law-payment-money-one-person.html

My advice? If you owe him then I would pay him back.

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