Hi there. An agreement between two parties can be legally enforced if, among other things, there is sufficient certainty about the terms of the agreement. If both you and your ex partner clearly understood the terms of the agreement and who was responsible for the repayments on the vehicle and from which date, then it is likely that the agreement was sufficiently certain. It would help your case if the agreement was in writing, but this is not essential. A verbal agreement can still be legally enforced.

For the agreement to be enforced, the parties must also have intended to create a formal legal agreement whereby one party could take legal action against the other if they failed to hold up their end of the bargain. From the information you provided, it is not clear whether you and your ex partner intended to create a formal agreement. However, the large value of the debt (approximately $12,000) suggests that both you and your ex partner were serious about creating a binding agreement.

Therefore, assuming the agreement was sufficiently certain and you both intended to create a binding agreement, you have the right to reclaim the money owed by your ex partner for the vehicle repayments. A letter of demand is a good starting point, as it sets out the dispute in writing and formally requests that the debt be paid.

If your ex partner did not respond to the letter of demand, your next option would be to invite her to attend mediation. This is a process whereby an independent third party can help you settle the dispute without taking formal legal action. The Queensland Government offers free mediation services at Dispute Resolution Centres located throughout Queensland. See www.qld.gov.au/law and follow the links for more information, or, if you are located in Brisbane, you can call the South Queensland Dispute Resolution Centre on 1800 017 288.

If your ex partner is not willing to attend mediation, another option is to apply to the Queensland Civil and Administrative Tribunal to resolve your dispute. QCAT hears civil matters, such as debt disputes, and can make legally binding orders about the outcome of your case. QCAT is less formal and cheaper than going to court and you can appear at the hearing without a lawyer. More information about the application process, fees and how to prepare for a hearing can be found at www.qcat.qld.gov.au.

The last option would be to commence formal legal proceedings in the Magistrates’ Court for the recovery of the debt. This can be an expensive and lengthy process and you would benefit from speaking to a lawyer before taking this course of action.

Lastly, with respect to the $1500 owed by your ex partner, it is not clear why she owes you this money. If you loaned her this amount and she failed to repay it, then you have the same options as the vehicle repayments.