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Form E - Debts owed

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24 Sep 12 #357639 by pants2011
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Hi I am at a loss as to what to do, I have been completing form E I''ve got 2 questions

(1) My dad transferred various amounts of money over to me over a period of 2 years. Now its going to court as my stbx can''t agree on a settlement my dad has asked for his money yet. I have all the transfers/cheques confirming monies loaned so should I get loan and repay dad back to stop him worrying?

(2) My STBX had lots of debt etc which I paid off whilst we were dating and not married, I paid this off and he was paying me back monthly. We then got married, he was left owing me £2k but had a motor vehicle that I paid cash *through bank* for £15k and wedding costs. As we seperated a month after getting married, we set up an informal agreement for him to repay me. He did this for 6 months before stopping and saying he wasn''t paying me anymore. He currently owes me £26kish now. Should I put this down as money owed on form E

STBX has issued this AR as I won''t do Absolute until he returns the car I bought and he makes an offer of settlement for debts owed. My final question is as he wouldn''t do mediation and has gone for this and I can show he acknowledge debt was owed and he was repaying. What chances do I really have?

I''m so worried about doing the wrong thing. Also I''m thinking of going to first appointment on my own any advice would be great.

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27 Sep 12 #358130 by pants2011
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bump

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27 Sep 12 #358132 by dukey
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How long were you married including time you lived together before marriage?.

Do you still live together?.

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27 Sep 12 #358135 by pants2011
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Hi no he left in May 2011 but continued to pay via agreement until October 2011. He then stopped by showing me statements of monies he paid before agreement was signed saying he''d paid me!! But the monies paid before agreement was to clear his old debts like holidays, clothes, his addiction to eBay (using my PayPal account) and his £400 contribution for housekeeping....

They say the agreement has no legal standing and I can whistle but find that hard to accept as he repaid me for 8 months adhering to agreement.

Then there is the issue with dads money!!! I wish I could afford solicitor

We lived at his flat together may 2008-may 2009. I then bought my own flat he rented his out and came and lived with me May 2009-aug 2010. Married August 2010, he left after 4 days returned a month later and lived with me for 9 months before leaving for the second time (when his family found out he was living back with his wife!!!) time living together a ccj was issued as fed up he wasn''t paying me money, he then asked for it to be stopped and he would rather an agreement instead which he found on Internet. We printed off signed etc. it wasn''t witnessed. He said as he was a police officer his integrity should be enough!! What a plank I was

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27 Sep 12 #358136 by dukey
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The agreement you had/have is not legally binding you were together and then married, a husband and wife can`t owe each other money in the way your thinking.

This sounds like a fairly low value case as such your dad wont get any money back, the loan is a soft loan, it can`t be enforced, if your pot was larger than basic needs a judge could consider giving him some back, even then they often don`t.

It seems to me your learning a harsh lesson, it wont help but your far from alone, live and learn as they say.

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27 Sep 12 #358138 by pants2011
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Before I submit my form E should I get a loan an repay my dad back? My stbx has nothing it was me with the equity etc. in relation to monies owed by him in that case can I ask the judge as I paid cash via bank debi for car and motorbikes and new iPhones computer they ate my personal assets to be returned??

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27 Sep 12 #358142 by dukey
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I`m not sure a loan would be a good idea, it could be seen as defending the claim, not saying he has a claim but it could be seen that way, phones ect are gifts, forget them, the car is it registered in his name, if it is he owns it, simple as that.

How a judge will deal with this is a bit of a hard one to answer, its a short marriage, he seems to have made little if any contribution and just milked you for cash, it will probably be a case of he keeps what he left with and has no claim on your assets, equity ect.

Your probably swearing like a trooper at this point but there is no point giving you false hope.

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