Small claims query

[Sadlysadsad]

My ex (history of abuse) agreed to fund a large school holiday for our DD 50/50 however stipulated that I must pay it all, send proof and then he would pay.

It was a large cost of nearly 1k and I had to borrow off my mum to pay his half as I didn’t have it.

Ex didn’t like the proof and dragged that out, then said he too needed to borrow the money (he doesn’t) now he’s saying he isn’t borrowing the money but can’t pay either and I will need to “learn to be patient”

This has continued for 2 months now.

My mum needs her money back, so I’m going to have to go to Small claims court I think.

I am just making sure that I can do that? I borrowed to cover his half and he agreed to pay me half, but I don’t know if they will say he owes my mum rather than me? Should I pay my mum back, then claim or can I just claim for myself? He was well aware (it’s all on text) that he needed to pay me.

I just want to be sure I do this right.

Do you have something in writing in which he says in terms “I will reimburse you for half the cost of the holiday”?

If so then a straightforward MCOL action is fine - the borrowing stuff is irrelevant (that’s between you and your mum)

However be aware that even if you are successful ie show there was an agreement, on which you acted in anticipation of him doing what he agreed, and his failure to comply this doesn’t in fact mean you will get all or even some of the money - this will depend on whether he does in fact have the money to give you. You may have to take enforcement action which will mean additional costs. It may also take north of 6 months to get a judgment.

And I’m sure you know this already but it’s really not worth getting into debt for the sake of a holiday.

I looked at this post when it first appeared and had pretty much the same thoughts as @VanCleefArpels.

Firstly you might struggle to stand a claim up at all unless there was a clear agreement in writing or evidenced by a chain of email (or Text, WhatsApp etc). You need to convince the Judge that, on the balance od probability this agreement existed. If it comes down to you say/he says that might not be as simple as one might think.

Secondly, and this is the biggie in real life, is that of either a straw man or one who has the knowledge and pig headedness to evade enforcement. Unfortunately there are a helluva lot of unsatisfied Judgments out there where the Claimant has given up throwing good money after bad.

There’s a clear chain of evidence of agreement.

I asked what he would like to contribute and he said 50% then stipulated I must pay and evidence it.

He then said he was borrowing the money and would get it shortly, then changed the story. It’s clear he agreed to pay.

He does have the money, he has a job and a mortgage free house, he’s just choosing to be controlling again. The house is there for any enforcement really.

I agree that it may not be worth the hassle, if it was just this, but it isn’t just this. He’s evaded the CMS for 2 years and contributes nothing. This was an attempt to change tack by me and tbh why should the children always miss out because he refuses to be a decent parent.

I feel almost like I need to do a show of strength as he just walks all over me

Send him a letter registered post stating that if he does not pay within say 14 days plus postage time, you will seek redress through small claims. Keep a copy of letter and proof of posting.

Then start the claim. Make sure you have every detail absolutely correct eg spelling of his name and address as otherwise it won't stick in the end. He will get 30 days to respond to it and the court will ask if you are agreeable to mediation. It looks better if you say you are as it shows you are being reasonable, but depending on the level of abuse you can say no.

If the judgment is approved and he still doesn't pay, he will get a CCJ from it, which will be a small victory.

It all comes down to how clear the chain of evidence is where he says he will repay if you pay first.

I'd do it in your shoes. The small claims court is pretty claimant friendly and there isn't really a down side IMO if you are willing to invest the time.