Scottish Law Online > Discussion Forum Community Home | Search | Contact
 
 
Welcome, Guest. Please Login or Register
 
The forum has recently been upgraded to the 2010 release of YaBB 2!
Home Help Search Login Register



Page Index Toggle Pages: 1
Send Topic Print
Help needed with how to get an EX to repay loan (Read 2933 times)
Jconfused
Newbies
*
Offline


I Love YaBB 2!

Posts: 3
Help needed with how to get an EX to repay loan
Feb 9th, 2009 at 12:08pm
 
Help! I am really confused as to what to do. My Ex and I lived to gether for 10 months. I loaned him 5000 that I can show through a bank transfer and alot of other money, some of which I can account for by a reciept (ie a class I paid for to get him retrained job wise).He was suppose to be paying the mortgage over the year to pay it back so it would take pressure of me to continued studying. I eventually kicked him out after he continued to find excuses not to work and live off my money. Since that time which has been almost 10 months he gave me a total of 200 in 2 different payments one of 50 and one of 150. The last  payment was 6 and a half months ago. I have continuted to try to get him to adhere to a payment schedule but he keeps finding excuses or totally ignoring me. I have many text form him saying he will give me money or that he would if he was working showing his acceptance of the fact that he owes me the money.
I was going to file a small claim against him but now have found out that in Scotland that is for under 3000. I really can not afford alot of legal expenses. What are my options? Can anyone help?
Back to top
 
 
IP Logged
 
everyonesfavouriteposter
Senior Member
****
Offline


The one and only.

Posts: 241
Gender: female
Re: Help needed with how to get an EX to repay loa
Reply #1 - Feb 10th, 2009 at 9:29am
 
http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/What_is_a_Summary_Cause_...

This may be of some help. Try writing that type of letter then issue proceedings. You can act for yourself if you cannot afford a solicitor.
Back to top
 
 
IP Logged
 
Jconfused
Newbies
*
Offline


I Love YaBB 2!

Posts: 3
Re: Help needed with how to get an EX to repay loa
Reply #2 - Feb 10th, 2009 at 9:55am
 
I'm sorry I have no legal experience at all. How and where do you issue proceedings? I tried to look it up after recieving your reply but did not have much luck.
Many Thanks for your time in replying
Back to top
 
 
IP Logged
 
everyonesfavouriteposter
Senior Member
****
Offline


The one and only.

Posts: 241
Gender: female
Re: Help needed with how to get an EX to repay loa
Reply #3 - Feb 10th, 2009 at 11:04am
 
Hello,

The first thing you need to do if you are certain that you want to issue legal proceedings is go down to the local Sheriff Court and go to the Sheriff Clerk's Office. Tell the person on duty that you wish to raise summary cause proceedings - an action for payment. They will give you the relevant forms and give you some help when filling them in. I presume that you still live in the same area as your ex? You can either issue the proceedings at his home Sheriff Court, or the place where payment was due - where you reside. I think going to your local Court will be easier. Obviously there is a fee to pay for the Sheriff Clerk to serve the completed summons on the defender. I have found sometimes that the threat of Court proceedings is enough to scare the defender into paying.

This link might be of some more use.

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/Raising_an_Action_1April...

Good Luck!
Back to top
 
 
IP Logged
 
Jconfused
Newbies
*
Offline


I Love YaBB 2!

Posts: 3
Re: Help needed with how to get an EX to repay loa
Reply #4 - Feb 10th, 2009 at 12:59pm
 
Thank you for that. You have been very helpful. Smiley I just have more question. His daughter has just told me that she believes he has been staying with his girlfriend and not at the last address I have for him. I only have a mobile number. Can I have the papers served to his last address which is his brothers and likely his official address?
Back to top
 
 
IP Logged
 
everyonesfavouriteposter
Senior Member
****
Offline


The one and only.

Posts: 241
Gender: female
Re: Help needed with how to get an EX to repay loa
Reply #5 - Feb 10th, 2009 at 1:37pm
 
If you think that is where he is living then serve it there.

If it comes back, then Sheriff Officers can track down his current address. Either that, or you can serve the summons at his place of business. Whatever is easier for you.
Back to top
 
 
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)



Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009