Owed money by an ex

I have searched exisiting threads to see if this query has been answered before as I am sure it happens every day of the week, but I couldn't find anything so apologies if this has come up before

An ex owed me a lot of money from a few years ago. During the summer he agreed he did owe the money and we agreed that he would pay back €4,500 in monthly instalments of €500. He owed me more but this is the figure we agreed on.

Three payments were made, then he contacted me last month to say he couldn't make that payment due to an unexpected bill, but that he would be on time for next month and was looking into obtaining finance to clear the loan althogether. He contacted me again this month to say the money would be lodged. However, nothing was received and now he is not replying to my emails. This puts me in an awful position as it looks now like he has no intention to pay this off which I know I should chalk down to experience but as I got myself into hugh debt as a result of his actions originally ( he let me down on something we had agreed on purchasing, but when he pulled out, the contracts were already signed, all in my name of course, as his credit rating was shot) I cannot afford to write the loan off, as his repayments were helping me pay back the original loan and would have got me back on track.

Does anyone know of an avenue I could use to force him to make repayments, similar to the small claims court? that doesn't cost an arm and a leg? I know its a long shot.....

In case there's any confusion here the Small Claims Court will not deal with this issue. If you cannot convince him to pay up then the only option that I can see is the legal route (solicitor and courts if necessary) and for an oustanding debt of €3K (?) I doubt that this will be cost effective.

District Court costs are fixed and are very low. What I charge for example is a Commission and have a set figure for our costs and outlay that the client gets in advance. I alos point out that the client is responsible in the first instance for fees & outlay which we will endeavour to recover from the debtor.

The thing is a threatening letter from a solicitor might just do the trick.

Have you proof of the monies advanced (as in another forum, his verbal acknowledgement is virtually worthless if he denies it was said)

No, I have no proof of having paid out the sums, as they were all in cash. I have some invoices, but they are on my own name. All I have is an email from him confirming that he agreed he owed me the money and promising to pay it back.

Where's [broken link removed] when you need her?

In a totally different jurisdiction.

ClubMan said:

In a totally different jurisdiction.

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LMCD said:

No, I have no proof of having paid out the sums, as they were all in cash. I have some invoices, but they are on my own name. All I have is an email from him confirming that he agreed he owed me the money and promising to pay it back.

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It is certainly worth an initial letter and the e-mail is something to go on.

Thank you Stifster, I will do that. Thanks for all your help and advice

(sorry hit the post reply in error, and too early.)

Reason for agreeemnt ; lay out the case;

Paid to date , €1,500
Due is 3,000

6 only monthly payments of €500
Then offer him a discount if all paid off in time.

What I have in mind is 16.66% discount returned after full payment.
ie give him back €500 a month after his last on time payment.

This allows you to pay off the load you got stuck with and then give him a reason to pay all monies on time.

In the contract put a condition that if payment is made each month the matter will be put in the hands of your solicitor.

both of you must sign and date the agreement.

Where's [broken link removed] when you need her?

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If I remember correctly, when similar cases have come up on Judge Judy, her attitude has always been that if you are in a relationship with someone and have entered into some joint financial arrangements or loaned them money, and you get burnt on break up, then you have to put it down to experience and avoid similar situations/individuals in the future.

yeah, that is an excellent suggestion too, he might go for that since there is money in it for him at the end. Good thinking. Thank you

yeah, that is an excellent suggestion too, he might go for that since there is money in it for him at the end. Good thinking. Thank you

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Yes, but if he doesn't go for it, he gets to keep €3000. Consider as well that the bank aren't being so generous with you either.

You could always try turning up at awkward moments, like when he's at work etc. Ask him to set up a Direct debit. Problem is that it seems that you're way down his priority list.