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Claiming money back from family member


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ahhhh, I do hope this is the correct place to post!

in a bit of a mare with a situation.

paid some money for a ticket to my sister,

was a partial amount and she was going to pay for the rest herself as a present to me.

 

she paid for the tickets , and I transferred the money over to her including money for things I had purchased from her.

family things have happened, which means I'm no longer going to the ticket event.

 

I have asked for my money back a few times, to be met with

'we don't have the tickets yet, so we can't sell them'

they now have the tickets, so it can be sold but I'm a bit sceptical as to whether this will happen.

 

I have told her via Facebook I want the money back by the end of June whether these tickets have been sold or not.

I can't really afford to lose the money, so would like it back.

 

can I issue a small claims over this?

is everything I have sufficient evidence to prove money is owed?

she hasn't actually said she owes money to me,

just says she will give it back to me when the ticket has been sold.

 

 

do I still need to issue an LBA, or is the message I've sent okay to 'act' as an LBA?

I don't wish for it to get this far, but I think it may.

 

thank you!

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Youve pretty much no chance as it was a gift, and you havent even seen if she can sell it. You also state june, yet we're only in the start of may.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'm confused as to how it was a gift?

I paid her some money. she paid the rest as a gift to me.

I'm not asking for all of the money. I just want what I paid.

I've also asked if my telling her via Facebook is enough before I can file a claim... or id need to issue an LBA.

ta

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how did you pay her?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Much depends on why you can no longer go.

 

Imho you should be a million miles away from thinking about small claims.

 

You agreed to the purchase of the ticket and from what i can see, you only paid part of it as the rest was a gift from your sister.

 

You cannot demand she repays you "whether the tickets are sold or not" , if you can no longer go that isnt your sisters responsibility, thats yours.

 

On the basis of your original post, this is more a case for judge rinder!!

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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, this is more a case for judge rinder!!
read my mind :p

 

Now with my best rinders voice on.

 

IN any small claims and especially in the case involving family, you will need to prove on the balance of probabilities that you BOTH intended to enter into a legally binding contract.

In this case you paid a contribution towards some tickets with the rest being a gift.

Nothing was written down and there are no repayment terms expressed. You paid a contribution towards tickets and have for whatever reason now unable to go.

 

This means that you lose your contribution and your sister looses the gift she gave you.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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