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Hi! ***New to this so not sure where to start #money #lent to a friend


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New to this so not sure where to start, i got advised while waiting for an appointment at the cab to try this site, basically i lent a friend a substantial amount of money because she was having problems, she has never paid me when she said she would each time out of her wages and overtime has just avoided me. its got to the point im struggling myself now and am thinking that i have no other option but to try and pursue the matter leagally but no idea where to start etc Any help or advise would be much appreciated.B

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Was there any written agreement? If not, do you have any witnesses to the verbal agreement?

While you wait for advice, do a forum search for "lent" in title and you'll see a no. of other cases which may have similarities to yours.

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Hello there,

 

Unless you've something in writing - or solid evidence that you intended to enter into a legally binding contract with your friend you may find it tricky to take this to court. The general rule is that money lent between friends is done so on the basis that both parties didn't intend to enter into legal relations. You may find that you do get an understanding judge, however - it's their job to make a fair and reasonable decision based upon the facts and the balance of probabilities.

 

That said, sometimes the threat of legal action can spur people on to paying back what they owe - and it may never get as far as court.

 

Best wishes,

 

Seq.

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Was there any written agreement? If not, do you have any witnesses to the verbal agreement?

While you wait for advice, do a forum search for "lent" in title and you'll see a no. of other cases which may have similarities to yours.

 

Thanks for replying, in answer to you question... i briefly typed up on the pc a short form calling it a promiss note, with some basic information *her name *address *dob *ni or driving license (not sure which without looking) *how much £ she was lent *what she said she would pay back (I.e. £5 a week) This document was signed be herself and a witness of her choice and signed by myself with a witness of my choice Dose this help matters? T.i.a

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Hello there,

 

Unless you've something in writing - or solid evidence that you intended to enter into a legally binding contract with your friend you may find it tricky to take this to court. The general rule is that money lent between friends is done so on the basis that both parties didn't intend to enter into legal relations. You may find that you do get an understanding judge, however - it's their job to make a fair and reasonable decision based upon the facts and the balance of probabilities.

 

That said, sometimes the threat of legal action can spur people on to paying back what they owe - and it may never get as far as court.

 

Best wishes,

 

Seq.

 

*****Thanks for replying, in answer to you question... i briefly typed up on the pc a short form calling it a promiss note, with some basic information *her name *address *dob *ni or driving license (not sure which without looking) *how much £ she was lent *what she said she would pay back (I.e. £5 a week) This document was signed be herself and a witness of her choice and signed by myself with a witness of my choice Dose this help matters? T.i.a

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Hello again,

 

That is likely to be sufficient evidence to take it forward.

 

You should send a letter informing them of your intentions to take it to court. Give them 7 days notice. If they don't engage with you consider bringing action via the moneyclaim online site. If the amount of money is significantly substantial you may wish to employ a solicitor.

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