lent friend money, advice needed

[binkhus]

hi

this is really a long shot i know but any advice would be great.

i lent a 'friend' £250 which she was ment to give me back four weeks ago, every week she says she will give it me back and today she has txt me to say she has not got it and wont have it for at least three weeks. now i have nothing in writting but i do have a few txt saying she will pay me back on so and so date ect ........ do i have a leg to stand on or am i going to have to write this off?

[car2403]

What do you mean a leg to stand on?

 

You've posted in the legal issues forum, as I'll assume your wanting to know what you can do legally.

 

A verbal agreement is as binding as a written agreement - it's only more difficult to prove what the agreement is/was, evidentially.

 

Are you suggesting you want to sue your friend? That seems a little OTT at the moment, IMHO. Have you outlined that you need the money back, as agreed, and the impact it's having on you not having it repaid?

 

A Court would be somewhat reluctant to enforce what is termed a "social" agreement, such as an agreement between friends or family, but that doesn't mean you can't sue to retrieve it. The question to ask is what is to be achieved by legal action - if will take months for a Court to deal with this, even if it's handled as a small claim, which is will be, plus if your friend really can't pay, how would you expect the Court to recover your money? I couldn't see myself issuing a Warrant of Execution against a friend and having bailiffs recover what I've lent them by removing goods, especially if they are already in a difficult financial situation. I suppose you'll have to consider how much you can trust them to repay or not, or you can use the threat of Court action as a warning - but you may have your bluff called.

 

Also, maybe time to consider if this person really is a true friend, I think?

[avatari]

Can you define "'friend'"?

 

Before you go down the court route (which is feasible) you may want to satisfy yourself that she is avoiding paying it back through choice rather than necessity. Have her circumstances changed so that when she borrowed the money, she was sincere about the repayment date, or is it actually the case that you lent to a "wrong 'un"? I would have a very frank conversation with her first. If you believe her, you may wish to agree (in writing this time!!!!) a repayment plan in installments that give you the money back as quickly as possible but at a rate she knows she can afford.

 

Remember, if you believe that she is telling the truth about affordability and that she truly intends to pay you back, then taking her to court straight away will have no additional benefit as a court will also grant payment in instalments if she can prove the income/outgoings necessitate this.

 

On the other hand, if you know she is simply avoiding paying you back despite being in a position to do so, then by all means issue her a Letter Before Action. You will almost certainly find the moeny repaid. If she still refuses, issue a CCC: very few people will risk the criminal offence of perjury over £250. You may have other evidence beyond the texts (someone legal can tell you what bearing they will have, i have no idea) such as witnesses to any conversations between you?

 

My guess is that if she is dodgy, just the threat in writing of court action will see the money repaid. But I would have that conversation first a) to find out if she is genuine, b) to be sure that you couldn't still resolve this amicably.

 

SORRY: POSTED WITHOUT SEEING CAR's REPLY

Edited September 19, 2009 by avatari
posted without seeing car's reply.

[binkhus]

this is a case of wont pay, im almost sure. im hoping the threat of legal action will be enough as i have arranged a number of times for her to repay me and each time she has put it off. dont get me wrong i do need the money back and on the original date of repayment i really was stuck and very skint which she knew. i saw her a couple of days latter with a new tattoo so obviously not too skint for that.

as i said i only have txt messages from her and my husband as witness that i lent her the money so legally i dont want to look stupid if i do sue her for it back on this sort of evidence.

[binkhus]

thank you for your advice

[Crapstone]

I agree with both of the above. Ask her to repay in installments or the full amount in 3 weeks time but put it all in writing and if she can't or won't agree to that then you either have to write it off as a lesson or issue a claim which is going to cost you more money.

 

On the promising side she is acknowledging the debt and sending you text messages so she isn't trying to avoid you. Make sure she knows how much you need the money to be paid back.

[Craftygirl42]

I had an issue with some money my ex hubby owed me. I asked the CB for help as it was some years ago and was advised that the court would want to see that I had made every effort to chase up payment. Ie to put it in writing as suggested by the others

 

In the end for my own piece of mind I wrote it off.

[binkhus]

i think i will put it in writting asking for it back, i really dont want to write it off as £250 is a lot of money when you have 5 kids. i will see what responce i get from a letter . thanx again for the advise.

[avatari]

just checking you understand - my advice at least - I suggested that you VERBALLY discuss arrangements to pay and then put what YOU AGREE IN WRITING, signed by both of you. You then have a far better chance at the court if she reneges. I take it from what you write here, you are proposing to threaten court action via a letter without further attempts to resolve or without getting her agreement in writing that she owes the debt?

[binkhus]

i have asked her verbally to return the money, evry week for nearly 5 weeks now. every week she says she will give it me back then avoids me at the weekend when she gets her money. iv even asked if she wantas to pay me back in smaller bits and she just said no your ok i will give it you on friday. i asked her this week for and said i really read it because im moving house and im skint with the bond ect and she has basically said she will give it me when she can be bothered and not before. when i gave her the money i did draw up a basic recipet but after she signed it she said oh we dont need this im gonna give it you back at the weekend and binned it, after the money was in her hand.

now at that point alarm bells were ringing a little but because we were friends i let it slide. stupid me i know.

i now dont believe i will ever see the money again and to be honest its the principle that gets me the most she knows that i need that money and because she thinks im a soft touch and not a fighter like her she thinks she can get away with just taking it!

sorry for the rant, got it off my chest now.

[avatari]

binkhus, to clarify, i don't mean keep asking her for it!!!

meet with her, discuss a definite arrangement to pay AND get her to put it in writing right then and there. the you have a better chance of getting it returned should you ever go to court. i hope this makes sense.

[binkhus]

hi yes it does thanks, but as iv said we have made arrangements in the past and i tried to lighten the load by her making much smaller repayments and she just brushes it off and says she will pay me friday in full. The idea of getting her to put it in writting is something i could try but again i don't think she will do it, look at what happened with the recipet . but its worth a try.

Im not some heavy handed debt collector hasseling her all the time, im always polite and i would just like my money back . i don't know what you mean by saying discuss a definite arrangement with her because we do make arrangements , and she is always very definite that she will give it me back

but then doesn't

[avatari]

. i don't know what you mean by saying discuss a definite arrangement with her because we do make arrangements , and she is always very definite that she will give it me back

but then doesn't

 

My statement said definite arrangement agreed IN WRITING?!?!?!?!!?

I understand your frustration at the situation but isn't it worth giving the advice from three different people a shot?

 

Of course, it has to be your decision, just trying to help. Good luck.

[binkhus]

thank you, i will try