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Money owed by a friend


thebloodster
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Hi

 

 

I was wondering whether anyone would be able to give me some advice.

 

 

A couple of years ago I allowed a friend to order a PS3 from my catalogue and they received this without any problems. However she then started struggling to pay and I gave her leeway. A few occasions since I tried to get the money owed but it was one excuse after another and me being quite soft I let her off and tried to give her time.

 

 

Once she asked if I could pass her onto my catalogue and she could sort a payment plan out with them. However after speaking to my catalogue they said the account is in my name and I am responsible for the debt.

 

 

Over the last few days I have tried to ask her to pay again and she again said I should pass her to the catalogue. When I told her that it was paid off some time ago and she owes the money to me she said she wouldn't be paying me and I should have sorted this out years ago.

 

 

I was wondering where I said on this, obviously I have proof the PS3 was delivered to her address. Would I be able to raise a court action against her or something?

 

 

Thanks for reading this

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Hi

 

 

I was wondering whether anyone would be able to give me some advice.

 

 

A couple of years ago I allowed a friend to order a PS3 from my catalogue and they received this without any problems. However she then started struggling to pay and I gave her leeway. A few occasions since I tried to get the money owed but it was one excuse after another and me being quite soft I let her off and tried to give her time.

 

 

Once she asked if I could pass her onto my catalogue and she could sort a payment plan out with them. However after speaking to my catalogue they said the account is in my name and I am responsible for the debt.

 

 

Over the last few days I have tried to ask her to pay again and she again said I should pass her to the catalogue. When I told her that it was paid off some time ago and she owes the money to me she said she wouldn't be paying me and I should have sorted this out years ago.

 

 

I was wondering where I said on this, obviously I have proof the PS3 was delivered to her address. Would I be able to raise a court action against her or something?

 

 

Thanks for reading this

 

How long is "sorted out years ago". You have six years (for England & Wales) from when your cause of action arose in which to commence court action.

 

Would you take it to court?. If you took it to court and win would you be able to recover anything? (is it "won't pay" or "can't pay"?)

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Legally, I suppose you could raise a small claim against her on the basis of a verbal agreement to pay for the PS3.

 

The difficulty is that it doesn't sound like you have anything in writing. You would have to persuade the judge that, on a balance of probabilities, it is more likely than not that she agreed to repay you. Your evidence would be what you say in your claim, her defence and the fact the PS3 was delivered to her address.

 

I'm assuming the PS3 was ordered less than 6 years ago. If it was 6 years ago or more, you might be too late to make a claim now.

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Legally, I suppose you could raise a small claim against her on the basis of a verbal agreement to pay for the PS3.

 

The difficulty is that it doesn't sound like you have anything in writing. You would have to persuade the judge that, on a balance of probabilities, it is more likely than not that she agreed to repay you. Your evidence would be what you say in your claim, her defence and the fact the PS3 was delivered to her address.

 

I'm assuming the PS3 was ordered less than 6 years ago. If it was 6 years ago or more, you might be too late to make a claim now.

 

6 years from purchase, or 6 years from when she defaulted on payment?.

One of the issues is that if there was no firm agreement regarding payment, when did she default / if there was no specific agreement has she defaulted?.

(If the agreement was "pay you back when she can", she could argue she hasn't reached the point where she can yet!)

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6 years from purchase, or 6 years from when she defaulted on payment?.

One of the issues is that if there was no firm agreement regarding payment, when did she default / if there was no specific agreement has she defaulted?.

(If the agreement was "pay you back when she can", she could argue she hasn't reached the point where she can yet!)

There is a bit of old case law which says that loans without a fixed repayment date are repayable on demand and, therefore, the limitation period begins to run from the first day on which a demand for repayment is made.

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Thanks for all the comments.

 

 

I will have to check my records when it was ordered but the thing is she has sent messages on Facebook saying she would pay the catalogue but not me so that is her admitting liability isn't it. She said again that I should tell the catalogue to contact her so she can setup a payment plan with them so she is able to pay.

 

 

Not really sure when it was I'd say its about 4 or 5 years now.

 

 

She paid £50.

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Send her a (LBA) letter before action, explaining how the amount has occurred and that you believe she is responsible for this less any amount she has paid. Ask her to agree a payment plan and make it clear that unless an arrangement can be made, then you will not hesitate to issue proceedings through small claims..

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Thanks for all the comments.

 

 

I will have to check my records when it was ordered but the thing is she has sent messages on Facebook saying she would pay the catalogue but not me so that is her admitting liability isn't it. She said again that I should tell the catalogue to contact her so she can setup a payment plan with them so she is able to pay.

 

 

Not really sure when it was I'd say its about 4 or 5 years now.

 

 

She paid £50.

 

Yes, she has admitted liability and also made payment of £50.00. Have you saved the messages / printed them off ?

 

 

You might well find that once you have sent an LBA and then a court claim form, your "friend" might well have a change of heart and pay up. Any suggestion from them that they will pay in installments should I think this time round be committed to paper with a signature.

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