Can anyone help ??

OnceBitten · 5th July 2008, 12:04

Im looking for advice on making a claim against a so called "friend" who borrowed money from me last year (£2,200) and has stopped paying this back with still a considerable sum owed ( over £1600 ) which I am having to pay back myself to a credit card company. It's getting difficult for me to keep up the minimum payments due. What's the best action to take ? They are ignoring my mail and telephone calls.

OnceBitten · 5th July 2008, 12:13

Im looking for advice on making a claim against a so called "friend" who borrowed money from me last year (£2,200) and has stopped paying this back with still a considerable sum owed ( over £1600 ) which I am having to pay back myself to a credit card company. It's getting difficult for me to keep up the minimum payments due. What's the best action to take ? They are ignoring my mail and telephone calls.

Parkvale · 5th July 2008, 13:20

I'm sorry to say but you are really going to struggle in getting your money back. Unless you had any legal documents drawn up stating it was a loan and that he intended to pay it back. but the legality of such an agreement may be hard to prove, but these agreements are not enforcible in many cases. Before anyone lends money to anyone else they need to take a moment to think of the commitment they too are making. Is this a person you know well enough to assume that he or she will be able to pay back, is he/she likely to do so and so on. After all the money wasn't stolen, you were willing to lend it and that would include considering the possible risks. No one can assume that money lent will be paid back.
I would have said that their was a possible risk from the outset. The fact that he had to borrow money suggests that they were not in the best position financially and unless they had a change in circumstances paying it back it was always going to be a difficult. Even if you got it enforced, does he even have the means to pay it back. You could end up receiving a very little amount over a very long period. Unfortunately there are many people to be found anywhere in the world that are willing to try for an "easy profit" without regard for the other person. Sorry i can't be more positive for you and wish you good luck in getting your money back.

rory32 · 5th July 2008, 17:59

Do you have anything in writing to support your position that money was loaned and not paid back?

OnceBitten · 5th July 2008, 18:31

I have emails that I have sent confirming payment and money outstanding with replies attached stating that payments will be made etc and also a signed note that was inserted with a payment saying sorry that the payment was late and not what was agreed and future payments will be made on time.

rory32 · 5th July 2008, 18:34

Well that certainly helps. Do you know if this "friend" is in a position to pay e.g. is working, but is simply not bothering to pay?

OnceBitten · 5th July 2008, 20:27

Yes they are in a position to pay, the spouse is self employed and does have on-going work so they have an income, just prefer to spend their money on other things eg holidays etc. and make it known to me which is even more galling.

rory32 · 5th July 2008, 20:36

Okay. I would get on with the claim then. Often just receiving a claim against them will give people the kick up the backside required to sort it out.

Have you sent a Letter Before Action informing them that you will bring legal proceedings agaist them if they don't pay?

The GodMother · 6th July 2008, 00:59

I have sucessfully sued a couple of ppl and they have CCJs against them. They have paid back one account and the other they have not paid since christmas but due to other things happening in both our familys it has been put to one side by us both.

Yes it is risky and yes they could defend but if they dont, like mine did not, then you win by deafult.

You also need to ask yourself a few questions first.

1) if you was to claim would it be worth it.
2) if you did claim how likely are they to respond to court papers?
3) If you did claim would they no enough about the law to have a nil judgement made?

4) woud it not be easier for you to say ok can cut your loses and mark this one down to experiance?

OnceBitten · 6th July 2008, 12:19

I did send an email yesterday stating the amounts outstanding etc and the next due date for payment but as expected have not had a reply. Is there a template around for Letter Before Action, I want to make sure that I get the wording right etc, and can I take the next steps for court action online or does that have to be done with the courts in person ? Not been down this road before so a complete novice.

OnceBitten · 7th July 2008, 19:42

Quote:

Originally Posted by The GodMother

I have sucessfully sued a couple of ppl and they have CCJs against them. They have paid back one account and the other they have not paid since christmas but due to other things happening in both our familys it has been put to one side by us both.

Yes it is risky and yes they could defend but if they dont, like mine did not, then you win by deafult.

You also need to ask yourself a few questions first.

1) if you was to claim would it be worth it.
2) if you did claim how likely are they to respond to court papers?
3) If you did claim would they no enough about the law to have a nil judgement made?

4) woud it not be easier for you to say ok can cut your loses and mark this one down to experiance?

Well today I have sent an LBA letter by special delivery. I have to wait now to see what the outcome of that is.
there is no way I am going to sit back and "put this down to experience". This debt will put me in financial difficulty, I cannot afford to pay anything over and above the minimum payment, I am on my own with one income and a mortgage etc. I have to try all means possible to recover the money.

The GodMother · 7th July 2008, 21:52

well as long as u understand this is a risky then go for it

OnceBitten · 7th July 2008, 22:20

Thanks for your advice.

As I have only just found this site over the weekend it can be quite confusingto say the least, there seems to be some conflicting advice from different people who add to threads about which route to go down. I have been reading a thread from someone in a similar situation as myself and all the response seems to have been in their favour. I do have some correspondence from the "borrower" eg reply to emails I have sent quoting missed payments/next payment due by/and total outstanding to date to which they have replied and acknowledged saying "you will have this by due date". Also got a letter received with last payment apologising for it being late and promising that future payments will be paid on time (with a signature). Maybe I didn't put enough information in my original post ??

rory32 · 7th July 2008, 22:38

2 threads merged.

OnceBitten · 7th July 2008, 23:13

thanks rory, my fault as I didnt know best place to put thread up in 1st place, still trying to find my way around

The GodMother · 7th July 2008, 23:33

Quote:

Originally Posted by OnceBitten

Thanks for your advice.

As I have only just found this site over the weekend it can be quite confusingto say the least, there seems to be some conflicting advice from different people who add to threads about which route to go down. I have been reading a thread from someone in a similar situation as myself and all the response seems to have been in their favour. I do have some correspondence from the "borrower" eg reply to emails I have sent quoting missed payments/next payment due by/and total outstanding to date to which they have replied and acknowledged saying "you will have this by due date". Also got a letter received with last payment apologising for it being late and promising that future payments will be paid on time (with a signature). Maybe I didn't put enough information in my original post ??

Yes but even with theis it is still risky the defendant could say you made him pay that amount /sign the letter due to harrassement for the money and they paid the money even thought they could not afford it.

they could make u look very bad in court.

How likely is this guy to answer court papers and how likely if he does answer them is he to defend the case?

i will help u with the court papers if necessary.

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