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Ex Threatening To Charge Interest On A Completed Private Loan As I Have Contacted CMS

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  • #1

    Ex Threatening To Charge Interest On A Completed Private Loan As I Have Contacted CMS

    My ex-partner (not a business partner) lent me some money from his business to mine as a loan 3 years ago
    The debt was fully repaid early last year, 17 days over the agreed payment date.
    My ex-partner is the father of my son.
    I am currently in the process of using Child Maintenance Service to arrange child maintenance between us formally. We previously had an informal agreement arranged between us.
    I have contacted CMS as he is not declaring his true earnings as he is the director of his limited company.
    The CMS has opened a variation to look at his finances further and to see what he is paying himself as dividends.
    On Christmas Eve, my ex-partner came to collect our son and he began verbally abusing me because I had contacted the CMS & they were looking into his finances.
    He told me that if I didn’t call off the CMS he would charge me interest on the loan he had given me 3 years ago. It was an interest-free loan at the time.
    He told me that he was well within his rights to do this. Can he issue a County Court Claim? I’m not sure where I stand with this.
    Any advice would be gratefully received.
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  • #2
    tag Celestine


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    • #3
      Terms cannot be retrospectively inserted into a 'contract' especially after it has terminated. This informal contract would seem appropriate for the nature of your relationship and he cannot suddenly 'convert' it to a loan with interest just because he's angry you've involved CMS.

      However, anyone CAN issue a court claim for any alleged debt they decide they to try to enforce. If that happens, you MUST defend it in full. Come back here if that happens and we can help you draft a defence.

      Depending on the amount claimed, he would himself have to pay fees to lodge such a claim. He may try to send you filled in court forms to scare you, but in my opinion this would be a very short term solution for him. In my opinion any filed claim would ultimately fail, but it would need defending robustly.
      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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      • #4
        Thank you. I'll wait and see what happens!

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