Could somebody give me some advise, I lent a now ex girlfriend some money under the promise that she would pay me back weekly and im being paid in empty promises and excuses instead of real money, do i have any options for getting my money back does anybody know? or do i have to just rely on her good will to pay it back eventually?

i dont think you have any chance, as you have nothing written down tbh

except a receipt showing i paid a bill, i prob should have mentioned that already.

but thats like me buying a tv, and taking the receipt to the police and saying i brought this for someone and they havent paid me back, its your word agiasnt her's and none of you have got like proof that she agreed to pay you back

you ever watch judge judy ????. i dont think you have any chance of getting any the money back in afriad

yeah i was kind of just confirming what i already knew but was hoping somebody would present me with a miracle lol

just get a female friend to threaten to rip her head off

should do the trick

Verbal contract?

Edited at 01:58 Tue 09/03/10 (GMT)

what i need to do is actually get her to say she owes me money and that she will pay it back--- in a text message, least then i would have proof but what would i do with it?

verbal contracts really boil down to one word against another and who can provide the best evidence.

If you have proof that you leant the money, and proof that she is now making excuses, that's good enough.

at the end of the day theres very little you can do, unless there is proof that she borrowed the money.

Is there not a friend or someone maybe in her family that could back you up, at least you have then got someone who would not be classed as biased.

There is a way to get funds back from people in these situations but as far as im aware there must of been legitimate reasons for lending this cash.,

for example . if you borrowed the money to her so she could go out drinking , things like that , then you dont have a leg to stand on,

But if in the instance of paying bills etc, then im pretty sure you can approach it differently and get the cash.

Yopu need some sort of witness really that can fight your corner.

A text message as a promise would be good but she could turn around and say she felt threatened by you so text you to keep you off her back.

People can be very sly. My mum took my dads house, his car and all his money and he didnt have a chance getting it back, he lost everything just because she managed to get things in her name looking after the bills etc. Even though he prooved it was all his earnings and paid by himself he didnt get one penny back. cruel world!!!

So in this instance i really dont know if theres much you can do.

A verbal contract isn't legally withstanding. The only way he could use this is if what was said was actually recorded: video, audio etc. Its his word against hers. If you have no physical proof whatsoever that she agreed to pay this back, then you have no chance at getting any of the money (aside from her "good will".) You could consult a solicitor for official legal advice but I would expect them to tell you the same thing.

I'll think you'll find that they can actually be as legally binding as written contracts.
(Even though it's actually called an "oral contract".)

Taken from wikipedia:
"In general, oral contracts are just as valid as written ones."

Edited at 21:55 Tue 09/03/10 (GMT)

Yes, but when the only proof of that contract is "He said this, she said that", how can anyone enforce them?

Its like the Police attempting to convict someone of Assault (different to Common Assault). Assault is putting someone under the fear of immediate and unlawful force; basically saying something like "I'm going to kill you".

If the victim then reported this to the police, without any physical evidence, the person accused could simply deny it.

ya thats what i thought but kinda was hoping for some miracle answer lol




that would probably cost more money and well seeing as im already out of pocket i dont want to be even further down

My advice is send in the heavies and take it back

There are many ways of proving the existence of an oral contract.
- You could rely on "course of conduct". Which would mean that (in this case) if he frequently leant her money and she was always aware that he wanted to be repaid then an oral contract would exist based upon the parties course of conduct.
- You can look at the "credibility of the parties". In this case that would mean that if it was obvious that the borrowed money was 'supposed' to be repaid (e.g. it was leant to her because she was low on money and needed to put down a deposit) then this can stand as a legally binding oral contract.
etc...

Physical evidence isn't always necessary. There are countless forms of evidence. An obvious example of non-physical evidence could be a witness.
And anyway that's something completely different and has nothing to do with contracts. No physical evidence is needed to prove the existence of an oral contract seeing as they are, by defination, oral (i.e. not physical).

I could have rambled on for longer but I ran out of room. lol

Just wanted to show that I knew what I was talking about.

Cheers.

If it's a lot of money that you leant her then this way could be worthwhile.
To be fair it would have to be a lot though as solicitors' fees can rocket!

Edited at 22:45 Tue 09/03/10 (GMT)

ok the thought just occured to me (why it didnt already i dont know). she has already paid back approximately one third of the money. there is always an excuse why she cant and even last week she told me she had lodged it to my account for it to turn out she hadnt.

anyway, there should be two records on my account to show she has lodged money. would the bank be able to show where the money was lodged and that it wasnt by me? some other bits were paid back cash in hand before we broke up but i cant prove that.

is the fact shes paid money into my account proof that she intends to pay me back and that it was in fact a loan and there was an agreement pay back my money?