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NSW Personal Loan to Ex Who's Filed for Bankruptcy

Discussion in 'Debt and Bankruptcy Law Forum' started by Taken advantage of, 27 March 2015.

  1. Taken advantage of

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    During a 5 yr relationship with my recent ex, I stupidly, and slowly (over a 4month period) lent him an approx total of $40k to renovate one of his parents rental properties as a personal loan. This being the balance AFTER receiving some dribs and drabs, transferred money from his mum. At the time he had told me his parents knew about how much he was spending and would return me most of the $ and he would pay what ever was left over. I was in the middle of a emotional breakdown and believed everything he said. This was 2.5 yrs ago. We have since come to agreement that we would settle on 20k (which I thought was me being responae) he would pay back. When I spoke to his dad about the money, his reply was "you shouldn't of lent him any money". He is officially filed for bankruptcy as of approx around a year ago. I was not put on the debts as he said, he would pay me back separately, instead of the bankruptcy people sending me a letter that I would not receive anything.

    Is there a way I can claim my money back, more so now, as too much time has gone by AND especially since his cheating ass has moved on and he left me high and dry. I have a few bunnings receipts and bank statements which are mostly from hardware shops in the area, which neither of us reside. I have plenty of text, however his phone is under my name- which I still have to pay for.

    Please help.... I know I'm stupid for doing it and believing in him/us but I was totally taken advantage of.
     
  2. Ivy

    Ivy Well-Known Member

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  3. Taken advantage of

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    Thanks for that. I have previously read those, however, none of them actually relate to mine in that, my ex is bankrupt. Also it is a lot more money owed, and I don't know where I would stand in suing him for it. I'd appreciate some guidence on this.

    Thank you for taking the time out.
     
  4. Ivy

    Ivy Well-Known Member

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    Hi there,
    Given that your ex has declared bankruptcy, you may not be able to recover the debt through legal means because it is a personal unsecured loan. Continuing to negotiate with him may be your best option. Also, I suggest that you stop paying for his phone.

    However, you said that you received some of the debt repayments from his mother? Was she the guarantor or security for the loan? Was she a co-borrower? Was/is she a co-owner of the rental property? You may be able to recover money from your ex-partner's mother. I suggest that you call a solicitor to go through potential options (if any) for recovery.
     

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