Lending money to a friend.

[Consumer dude]

Is there a time limit to issue proceedings..

[Consumer dude]

I just wonder what constitutes a contract. As it stands, I have a signed confirmation that he owes me the money. At this stage which I have already sent a NBA and to which I have had no reply, is the idea now to repeat on MCOL the out line of the claim and leaving the finer details (how it was worked out) until a hearing has been confirmed. Many thanks..

[Consumer dude]

Just to confirm then, is my next stage to repeat on MCOL what I have already stated in the NBA, and only to explain how any amount was worked out when a hearing is known ?

[Consumer dude]

I wanted to get the claim form in now and work on how things were worked out when I got the hearing but what's the legal best. I'm trying to lessen the stress that's all..

[Consumer dude]

As we went along we agreed mostly verbally and then a final confirmation confirmed by his and my signature. I have paying in book with stamped amounts I paid into his account as the amounts I was lending him. I still have the credit cards in my possession which were stopped by his wife when she found out. I also have other receipts/ invoices in my possession to show what I have paid for, in what I can only describe as a running account. He gave me full access to his internet account as that was the level of trust we had. In a way I feel foolish, I feel I have enough evidence to support the amount that we both signed to confirm what he owned me. At the end of the day, it will be up to the court to decide but I know and he knows as well that he owes me the money and I bet he is hoping that I haven't kept any records. I will chase him for it anyway..

 

If I am confident that I can supply evidence at the hearing stage, would there be any harm at this stage in filling in the details online as what I have stated in the IBA ? Receiving a claim in the post may be enough to focus his mind into action and agreed a payment plan with me..

 

Perhaps an outline in the online form of how things had developed leaving any finer details to a disclosure stage ? Does this sound exceptable ?

[Consumer dude]

What is the exact wording of section 11 (4) of the practice direction and would I be able to make use of it as no reply to IBA..

 

Am on MCOL now. Is anyone around to advise what interest I am able to claim..

[Consumer dude]

I don't need to be greedy regarding any interest but it would be good to be paid for my time and the stress of having to deal with a **** bag. Thank you Caro for your help..

[Consumer dude]

Yeh, at this stage I just need him to receive a claim in the post. If I need to work on this then he has too as well. He could however just phone me up and come to an agreement in writing and we could all shown mutual respect. This is unlikely of course so I continue with the claim..

[Consumer dude]

I've spent about one year being nice, friendly understanding and even diplomatic. He is just trying to weasel out of this debt of honour and I will now make a claim..

 

Here's your link. http://www.consumeractiongroup.co.uk/forum/content.php?757-Interest-Tutorial-and-Spreadsheets You could write to him again and give him another 7 days and add that you really don't want to take him to court, but if you are forced to you will also be claiming court fees and interest (if you didn't put that in your original letter).

 

Thanks for the link, however it states I am unable to view the page as I do not have permission..

[Consumer dude]

Me CD, not having permission. What have I done to deserve this. lol..

[Consumer dude]

Sorry about that. Try this one. http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

That's looks better. I've been welcomed back into the fold. lol..

 

My fault. It was out of date.

 

What one of those should I use. I am starting to lose functioning. When I went on to MCOL yesterday, I could see how I could copy the content of the IBA letter, and the information said that within 14 days I would need to provide any other supporting documents. Is this time limit cast in stone as I am having increased problems with anxiety issues. I don't want to pay the money for the claim and then find that the case is out of time to proceed or some other legal strangeness. Any ideas ?

 

A summary that I have worked on to present at this stage reads as follows..That I xxxx supported xxxx in a financial way over a period of a few years (approx four to six years) by transactions made electronically on line to his current account(s) and by paying cash via way of paying in book and other payments made to his gas and electric account. The amount at the end of 2012 that was agreed that xxxx owned me was ABCD was signified by both of our signatures and to which I have the original.

 

If I have his original credit cards, plus pay point cards in his name, and his and my signatures to confirm he owes me a final amount, then how strong is my case..

[Consumer dude]

Update, as I continue collecting evidence, paper electronic (and or other.) Before I had sent off the LBA, friend had requested I produced evidence how amount was arrived at, however I was unable to do at that stage so I sent the LBA ahead of that anyway. Does that make any difference as to the fact he has not responded to the LBA anyway and is/was there any obligation for him to do so. Many thanks..

[Consumer dude]

Is not the particular's of claim what one puts on the claim form. Are they not the same thing. What am I not understanding..

[Consumer dude]

Under the Civil Procedure Rules he should respond to the LBA but is not technically required to do so. If the time mentioned in the LBA is up you can go ahead and issue a claim on MCOL.

 

Regarding how strong the claim is, you are just going to have to accept that you might be succesful for the full amount you are asking for, you might be succesful for only some of the amount or you might be unsuccessful. Once you have clearly put across your case it is in the judge's control and not something to get anxious about.

 

The chances of success will really depend on how he defends the claim. If he doesn't defend it there is a 100% chance of success since you'll get default judgment. If he tries to claim that he never agreed to pay back the money then you'd both have to put your case to the judge at a hearing who will decide.

 

If you are getting anxious about what to put on MCOL, I suggest you post up a draft of your Particulars of Claim and I'll take a look.

 

You are mistaken about the 14 days to provide supporting evidence. The 14 days is required if you are serving your Particulars of Claim separately from the claim form. POC is not the same as supporting evidence. Rather than mucking about with a separate claim form and POC I suggest you just put a brief Particulars of Claim in the space allowed on MCOL and provide the supporting evidence later. Both sides are normally required to exchange all documents relevant to the case a certain number of days before the hearing.

 

Hiya, how does the following sound to present on MCOL..That I XXXX supported in a financial way over a period of a few years (aprrox four to six years) by transactions made electronically online to his account(s) and by paying cash via way of paying in book and other payments and included payments made to his gas and electic account. The amount at the end of 2012 that was agreed that xxxx owed me was 5600.00 five thousand six hundred pounds and was signified as correct by both of our signatures and to which i have the original..

[Consumer dude]

You need to prove to the court that this person is legally required to pay back the money. Your current wording is not too bad but, reading between the lines, it does sound a bit like you are asking the court to make a moral judgment rather than a decision about legal obligations.

 

I think you need to bring out the fact that this was a loan and that there was a legally binding contract. I would go with something more like "From xxxx to xxxx the Defendant borrowed money from the Claimant. [insert a sentence about what was agreed at the time - was this an oral contract? What did the Defendant say he would do?]. On xxxx the Claimant issued a demand for repayment of the loan. In breach of contract the Defendant has not made any repayments. The amount outstanding is xxxxx. The Claimant claims (1) xxxxx, (2) xxxxx in interest at the statutory rate of 8% and (3) costs."

 

I don't think you need to go into details like how the money was disbursed and how you will prove the exact amount at this stage. These details can go into your witness statement which comes later.

 

Thank you, I will work on the wording, He verbally agreed to pay me back at a later stage when i needed it, that time is now, Is this what is meant by an oral contract ?

 

On the issue of intrest, would/should i claim under the county court act and would/should i claim from the date i issue the claim. Many thanks..

[Consumer dude]

it was agreed that he would pay me back, but no actual date was confirmed, but I have since requested that he pays me even if in instalments.

 

Is the date due to be payable after the date I requested such and to which he has defaulted on that request..

[Consumer dude]

Is an oral contract legal ? I mean couldnt he try and say i gifted amounts to him. I wouldnt put it pass him..

 

I had sent an invoice/statement on the 28th/Feb/2013 requesting the full amount with 28 days. Would i be safe to calculate interest 28 clear days from that date. Having said that, i had offerd him a payment plan after that date. I dont want to compromise myself..

 

I have claimed that money became due on 04th/April/2013, which is at least a clear 28 days from the date that i had demanded the full amount which was on 28th/Feb/2013. 8% at a daily rate from that date until day of jjudgement ? Any ideas of the maths on that ?

[Consumer dude]

I am claiming 5600.00 plus the 210.00 for the MCOL claim, so I add interest at 8% on that total amount at a daily rate from the 04th/April/2013 (amount due to the date of my claim which I intend to be 10th/March/2014. Does this sound correct. Not sure I understand the 8% yearly rate though.

[Consumer dude]

If I win, won't I get the cost of the claim back and if on low income, can't I pay reduced fees.

 

What's this 0.00022 rate then and how is this worked out..

 

What's this 0.00022 rate then and how is this worked out..

 

Bump..

[Consumer dude]

Thats how you work out the daily rate of interest as per above

 

Ok, just wondered why that rate. Many thanks..

 

You need to prove to the court that this person is legally required to pay back the money. Your current wording is not too bad but, reading between the lines, it does sound a bit like you are asking the court to make a moral judgment rather than a decision about legal obligations.

 

I think you need to bring out the fact that this was a loan and that there was a legally binding contract. I would go with something more like "From xxxx to xxxx the Defendant borrowed money from the Claimant. [insert a sentence about what was agreed at the time - was this an oral contract? What did the Defendant say he would do?]. On xxxx the Claimant issued a demand for repayment of the loan. In breach of contract the Defendant has not made any repayments. The amount outstanding is xxxxx. The Claimant claims (1) xxxxx, (2) xxxxx in interest at the statutory rate of 8% and (3) costs."

 

I don't think you need to go into details like how the money was disbursed and how you will prove the exact amount at this stage. These details can go into your witness statement which comes later.

 

Would be grateful for input if this looks better, need to just work out the intrest. Have i missed anything out at this stage ? Is the term undisclosed period a problem ? From an undisclosed peried, the Defendant borrowed money from the claimant. It was agreed at the time that the claimant would help out the Defendant by way of paying monies into his current account(s) and by paying cash via way of paying in book and other payments which included payments made to his gas and electric account and that the defendent would on demand pay back what was owned. This was agreed verbally and on the 28th of Feburary 2013 the claimant issued a demand for payment of monies owed. In breach of contract the Defenant has not made any payments. The amount outstanding is 5600.00. The claimant claims 1/ 5600.00 plus 2/ xxxx in intrest at the statutory rate of 8%..

[Consumer dude]

If you don't know the exact period then leave it out and just state the amount.

 

 

You should however be making an attempt to locate bank statements etc. if possible to prove what money was lent to him. A judge may be a bit uncomfortable issuing a judgment for a certain amount if no one knows how much is owing, though the signed document you have would be a good start.

 

The exact period is unclear at the moment, but will be working out how the amount was worked out with the period. As to date then, would you then say the short statement I have given (minus the term undisclosed period) is ok to at least start the proceedings off..

[Consumer dude]

Yes, I think it is enough to start the proceedings off. We will have to see where this goes, but it sounds like there may be a sizeable chance he won't even bother to respond in which case you'd get a default judgment.

 

I am of course hoping he doesn't respond, but if he does, then I will deal with the next stage if and when it happens. I need him to receive the claim form so he can focus his mind. It will be be £210.00 pounds well spent. I will now tidy up the wording, post up the final result and pay the fee on the 10th of March when I have the money..

 

Would be grateful for input if this looks better, need to just work out the intrest. Have i missed anything out at this stage ? Is the term undisclosed period a problem ? From an undisclosed peried, the Defendant borrowed money from the claimant. It was agreed at the time that the claimant would help out the Defendant by way of paying monies into his current account(s) and by paying cash via way of paying in book and other payments which included payments made to his gas and electric account and that the defendent would on demand pay back what was owned. This was agreed verbally and on the 28th of Feburary 2013 the claimant issued a demand for payment of monies owing. In breach of contract the Defenant has not made any payments. The amount outstanding is 5600.00. The claimant claims 1/ 5600.00 plus 2/ xxxx in intrest at the statutory rate of 8%..

 

The Defendant borrowed money from the claimant. It was agreed at the time by both parties that the claimant would paid the Defendant by way of a loan monies online into his current account(s) and by paying cash via way of paying in book into same account(s) and other payments which included payments made to his gas and electric account and that the Defendant would on demand pay back was was agreed as owning. This was agreed verbally and on the 28th/February/2013 the claimant issued a demand for payment of monies owned. In breach of contract, the Defendant has not made any payments. The amount outstanding is £5600.00. The claimant claims 1/ £5600.00 plus 2/ intrest at the statutory rate of 8% pursuant to the county court act 1984

[Consumer dude]

Has the defendant 'refused' to pay back or 'just not' paid back the loan ?

 

He borrowed money over a period of time, he confirmed with his signature the amount and appears not to want to return any of it. He is basically trying to weasel out of it..

 

I wouldn't use the phrase "help out". You'll have to prove an intention to create legal relations in order for a binding contract to be formed and 'helping out' doesn't sound like intending to create any legal obligation to repay.

 

Ok, I am open to any suggestions of choice of words. Thank you for your input..

 

How i am worked out the intrest then is as follows, 0.00022 x the amount which is £5600.00 which gives me the daily rate of 1.23 (does this sound right ?), have then multiply that by the number of days when money became due to the date of cliam which should be on the 10th of March. (339 days) How does one type the figure 0.792 into MCOL, as it states please enter only numeric with up 2 decimal places. Help..

[Consumer dude]

Does the following look better ? That the Defendant borrowed from the claimant monies which were made electronically online to the Defendants current account(s) and by paying cash via way of paying in book to the Defendants current account(s) and other payments made which included payments made to his gas and electric account. The Defendant agreed to repay any total amount on demand from the claimant. This was agreed by a verbal/oral agreement.Since the demand for payment was requested on the 28th/Feb/2013, the claimant has further attempted to come to a conclusion on the issue with the Defendant. On default of the agreed agreement, the claimant claims the amount of £5600.00 and annual intrest of 8% pursuat to section 69 of the county courts act 1984 from the the 4th of April 2013 up to the date of judgement..

[Consumer dude]

What happens in the days after a claim is made. Does the Defendant receive a copy soon after ? How much time will I receive to produce any other documentation. just trying to get a general idea at this stage..