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NSW Personal Debt - Ex Boyfriend Delaying Paying Money Back

Discussion in 'Debt and Bankruptcy Law Forum' started by Karenk, 21 July 2015.

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  1. Karenk

    Karenk Member

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    My daughter lent money to her boyfriend which he said would be paid back within a week which hasn't happened. They have since broken up but she was maintaining a friendly manner so he would still pay the money back. He constantly says he will put the money in her account by a certain day then doesn't. This has been going on for weeks now. She has kept all the texts which say how much was lent (the debt) and that he would pay it back in full.

    Thank you.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Karenk,
    Have a read of NSW - Personal Loan to Ex - How to Get Money Back? | LawAnswers.com.au Legal Aid Forums. Your daughter is in the same position as @Amber neale. Your daughter has an action in debt, however, she will need to show that there was a loan made, an agreement that the loan would be repaid within one week, and that he failed to honour this.

    If she kept the text messages, this would be helpful evidence. She should write a formal letter of demand to the ex first, requiring him to pay within [14 days] (the number can change, but should be a reasonable time frame). Write that if he does not make payment by this time, she may take legal action to recover the money without further notification. If he refuses, or fails to comply within this time frame, your daughter can then bring an action for debt recovery in NCAT or the NSW Local Court.

    Also, take a read of the following articles:
     
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  3. Karenk

    Karenk Member

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    Hi Sarah, i will certainly follow up with your suggestions. Thank you very much for your response and advice.
     
  4. Sarah J

    Sarah J Well-Known Member

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    You're welcome Karenk. Hope it goes well and let us know how it pans out.
     
  5. Karenk

    Karenk Member

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    Thanks, i will Sarah
     

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