# Small claims court for money owed, worth it???



## brokenwings (Dec 18, 2012)

I have a question and I would appreciate any advice or suggestions. 

My husband of 3yrs , together 4yrs has left out martial home about 3-4months ago. Chances of reconciliation are fairly none existent. However he purchased some items for me ( presents) on my mothers store card over a year ago. With the agreement he would pay the money back. He was making regular although minimum payments, so the daily interest has increased significantly. 

Upon leaving he left his debit card with my mother for her to take monthly/ fortnightly payments in order to continue paying what he owed. He texted her saying the money was in the account back in November. My mother did as he requested only to find the card had been blocked and the pin declined. She tried contacting and calls went ignored for weeks 

My mother does not work she is living of a small pension. And I do not have the means to pay for the items (due to financial difficulties myself) which has now increased to £900 due to daily interest. Both me and my mum recently took out a money claim request in the small claims court to try to recoup this money. My husband lied and said the claims where false and he had already paid what he owed. He also said he was asked to get the items for me!!! which I stated in my reply in the letter that it would of been simpler for me to ask my mum to use the card myself and pay her back. Things that i could of easily of brought for myself as I'm used to doing i have never replied on my mum for anything. They are silly items such as a laptop, a games console that i didnt want but accepted as they where gifts. He also got a laptop that he has. 

Do I continue trying to claim this money back? My mum is very emotional about the situation as debt collection call her everyday despite me speaking to them on a weekly basis. I have proof that he owes this money both in forms of text msgs and email confirmation were he says he still has to pay my mum back. including the text he sent my mum 2months after he left. The fact that he knows my financial situation is bad enough. But that thru trying to hurt me he would lie against my mum and make her suffer also is ridiculous. He has cut all contact with her even changing his number. If i had the means to pay it i wouldn't bother as i realise the tension is only making the situation between him and me worst. But i feel I financially lost a lot thru this marriage. And along with a broken heart Im in a lot of debt. 

Has anyone been thru anything similar with a partner? Do you think its worth pursuing?
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## Pluto2 (Aug 17, 2011)

Have your Mom take him to small claims court, not you. This is a debt he owes her. Yes, he needs to be taken to court for this. It sounds as though your relationship is a done deal, so you have no risk of further antagonizing him. He is irresponsible and your mother should not have to bear this financial burden. And he shouldn't get to walk away from the pain he caused to her.


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## brokenwings (Dec 18, 2012)

Thank you!!! , I have been having doubts about going through with this as I know how irrational he can be. 

You are right about it being between him and my mum. Unfortunately it will still come across as me doing it ;( as my mom is old school she can hardly turn on a computer yet alone forward his text to an email address to print it so, as much as I don't want to involve myself seems like its too late :/ 

I appreciate your advice. I mailed off the response today and he and the courts will receive them tomorrow. I hope there will be no more hiccups and it will be resolved.
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## NoWhere (Oct 2, 2012)

At the very least you can get the laptop back and sell it. Heartache and loss is enough you don't need this financial headache as well. Good luck to you. Keep us posted!


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