Debt owed to me in UK by an American in the US

[Hadenoughofthis]

I found this site by accident and think its great. I am about to ask my second question which hopefully someone can help me with.

 

I gave a work colleage a loan of $2,000 as her bank was about to forclose on her. I then suggested she changed this onto an item I was going to buy from her for $2,800. This left me an $800 balance to pay. Now she doesnt answer my emails and still hasnt released the item or refunded the money. She has told people I havent given her the balance so I'm not getting it, I have emailed her and asked photographs of the item (as I no longer believe it exists - which she has failed to give me.) I have also asked her where it is to collect and I will send a courier in who will also have the balance of $800 with him, which she also wasn't replied to. I know want to sue her for the refund of my money, but she is in the US and I am in the UK. How can I do it and is there any luck of collecting the funds if she doesn't pay up.

[cerberusalert]

To be honest I think you would be throwing good money after bad trying to pursue this because you would have to do it through a US court & as we all know that wouldn't be cheap. You would have to prove to the court that the debt existed and even if you were successful there would be the added costs of taking enforcement.

 

Does she have any assets here in the UK or a contact address or is she likely to return in the near future?

[Hadenoughofthis]

She is an American, but does travel to the UK a lot. Its the principle too, I cant afford too loose this money. I am a single disabled parent

[Hadenoughofthis]

The money was transfered from a UK bank to her American one, so I have proof of the money being given to her. I thought I could raise this in the UK

[LaughingGirl]

Yes, but unfortunately, proof that the money was transferred doesn't equate to proof that it was a loan. She could counter claim that the money was a repayment for a loan she gave you, or that it was a gift or payment for services.

[cerberusalert]

You can only bring an action in the UK against a UK resident or someone who has a major interest here such as a business or property.

 

Theoretically if she has a contact or previous address here you could apply for a CCJ using that address and obtain a judgment by default. This is a favourite trick of some debt collectors, the trouble is unless she returns within six years of obtaining it or you are willing to pay to try and get it enforced in the US it would be worthless. Besides that if she is knowledgeable or someone informs her she could apply to have it set aside on the grounds that she wasn't a UK resident.

[Hadenoughofthis]

I have emails from her confirming it as a loan and an email she sent me to forward to her bank confirming the money was coming to fend off the foreclosure. Why does it have to be done in the US when I am in the UK

[Systemerror]

:|Shame extraordinary rendition doesn't go both ways

[cerberusalert]

Why does it have to be done in the US when I am in the UK

Because in law she has the right to defend & in the UK that would mean transferring the case to a court nearest to her.

[Hadenoughofthis]

I was lead to believe that I could request that due to my disability that it is kept to the local court. Was that wrong.

[cerberusalert]

I've never heard of that although it may be possible for a court to allow a telephone hearing, but even then she still has the right to have a case heard locally to her.