Can anyone help ??

[OnceBitten]

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]

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]

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]

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

[OnceBitten]

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]

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]

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]

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]

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]

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]

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]

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

[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 ??

[rory32]

2 threads merged.

[OnceBitten]

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]

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.

[OnceBitten]

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.

 

Thanks GM. Firstly the friend is female, she was the one burying her head in the sand at the beginning when I had to ask for some form of payment as I didnt have the means to make it myself. She never answered my request but passed the text message over to her husband who came to see me, he apologised for her, she made the excuse that she was up to her eyes in course work at Uni and thought he was dealing with the payments, I told him that was no excuse as they both knew that payments were long overdue (10 weeks) and she was putting all the onus on him to explain. I went a bit ballistic with him for obvious reasons, due to me paying the last 3 payments I ended up overdrawn at the bank and incurred bank charges through it and little or nothing to see me though until my next pay day. He asked if they could start afresh and make an agreement with him to come pay me every Thur with £50 a week and more as and when he could afford to until the debt was clear. I reluctantly agreed but he knew I was unhappy. When the 1st payment after that was due he never turned up, I got up on the Sunday to an envelope thru my door at 7am with a letter and £30 saying sorry its late and will definately be on time next week with the agreed amount. Needless to say that never happened either. I text them both over a week later when he promised to come to my home at a specific time to pay off the existing amount outstanding. He said that he had sold his house and would pay me off in full as soon as the financial side of it was sorted yet she told another friend that his place had been re-possessed. Between them they have let me down time and time again. That was about 5 weeks ago. They are not answering my calls or text messages even though the last message was to say if they didnt pay £100 immediately to cover the next payment then I would be taking court action against them. Again this has been ignored. Last correspondence was the LBA letter sent special delivery today giving them 7 days notice ( didnt think there was much point giving them 14 days as I would honestly be surprised to get a response). that's the story up until now. dont know if this is any clearer for you and yes I would welcome any help with the court papers etc.

[The GodMother]

Yes that is a lot clearer to me know.

 

Sorry for saying him instead of her but as u can understand it is commenly thought everything or one is male even now.

 

When you are ready i will help u with claim forms.

the good news for you is you can add interest and the bank charges you recieved in relation to this money.

 

My advise to you rite now is go out and buy a recipt/duplicate book. the courts will ask you to give the person a recipt everytime they give you money. This is just in case they try and cause cause a problem buy saying they have paid u £100 more then they actually have. Also please remember you need to been see as acting responsibly and within the law.

[OnceBitten]

Yes that is a lot clearer to me know.

 

Sorry for saying him instead of her but as u can understand it is commenly thought everything or one is male even now.

 

When you are ready i will help u with claim forms.

the good news for you is you can add interest and the bank charges you recieved in relation to this money.

 

My advise to you rite now is go out and buy a recipt/duplicate book. the courts will ask you to give the person a recipt everytime they give you money. This is just in case they try and cause cause a problem buy saying they have paid u £100 more then they actually have. Also please remember you need to been see as acting responsibly and within the law.

 

I have taken on board what you are saying, and as intend to see this thru will act accordingly. I have just tracked the LBA from yesterday and it has been delivered. I have c&p the delivery from the post office for future reference should it be needed. Thanks

[The GodMother]

YW yest that would be needed as if the defendant argues it was not recieved then u have evidence it was.

 

Shout if you need anything.

[OnceBitten]

YW

 

Shout if you need anything.

 

 

Where do I get the application for the claim that I have to make being as it is over £1600. I remember reading somewhere that the Small Claim is only up to £1500. Can I download the appropriate forms from the site or do I have to obtain them from elsewhere.

As you can see I need all the help I can get as I havent a clue where to start

[maroondevo52]

Hi,

 

Small Claims Limit is now £3,000.

 

You'll find the forms in here.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

This is a Bank Charges link, but I'm sure you can use the same forms.

 

Regards.

 

Scott.

[The GodMother]

Her Majesty's Courts Service - Home

 

i dont know is they are the same form for scotland but u could always look on there to see if ur local courts are registered

[OnceBitten]

Hi,

 

Small Claims Limit is now £3,000.

 

You'll find the forms in here.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

This is a Bank Charges link, but I'm sure you can use the same forms.

 

Regards.

 

Scott.

 

 

Thanks Scott, I have had a look at the forms and will get them filled out and get them down to the Sherriff Court mid week if I have had no response to the LBA letter sent.

[The GodMother]

Scott,

 

When did the small claims limit go down?