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My ex owes me about £6500 but think i may only have enough evidence for the small claims court


meldfarmer
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My ex owes me about £6500 (not including interest) for the last 5 years but I'm not sure if I should take him to court to get the full amount or just go to the small claims court & get just under £5000. As I've read on the courts website that the strict rules of evidence dont apply to the small claims court.

 

The evidence I have is email correspondence between myself and my ex with me saying "when are you going to get a loan to pay me back?" and him saying "is there any chance you can send me the documents saying how much I owe" etc

 

The other evidence I have is bank statements with him paying me back in instalments (he paid £990 back). He also gave me the refusal letters for the loans he tried to get to pay me back.

 

He didnt have much money but now I have found out he is going travelling so must have at least £3000 to go to the places he is going to.

 

BUT do I have enough evidence to get the full amount back or only enough evidence for the small claims court?

 

Someone I know lent her boyfriend £15000 & had a written contract but her boyfriend said she forged his writing & the judge believed him

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Difficult to call.... only you know the strength of the evidence you have. Is he being obstructive re. paying you back or does he genuinely not have the money? If he hasn't got the money, then going to court won't give it back to you in one lump.... but he'd be legally obliged to make repayments based on his abiity to pay if you win.

 

Have you mentioned to him about going to court?

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