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dont know where to turn on an unusual matter!


nickysbird
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hi all, I am going through bank charges stuff against Halifax but was wondering if anyone can help me with a different matter.

I lent a so called friend an Acer laptop last year and now she has f"!"

Can someone please help with any suggestions and I dont care what I need to do to get it back or the value of the item if need be,

Jo xxx

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You would need to prove she got a loan of it and thats your problem as without anything written down im afraid its your word against theres and it is a civil matter so the police wont intervene on this issue. You could raise an action against her and hope she returns it but thats all there is (hope) did you have a witness when it was handed over who clearly heard it was for say loan of a month?

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thanks for your help but it was just literally a normal friendly visit and I said she could use mine as i was getting a new one soon and she could borrow my old one for a while so we could stay in contact as i had recently moved to the next county and there was only her daughter standing nearby that will naturally stick up for her.What is the action I could raise- do you mean small claims court and could I try for the value of the item if she wont hand back the laptop instead, many thanks again

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nickysbird

 

The fact you have the receipts proving it is yours is great. Yes you could go through small claims either to claim it back or to claim financial cost of the lap top back. In any litigation it's never clear cut that you will win. Civil law is supposed to be based on the balance of probability.

 

So you can prove it was yours without doubt. What you would then have to prove is that you didn't give it to her as a present, but that it was a loan. Hence why you were asked if there were any witnesses.

 

You could ask the police to accompany you to prevent a breach of the peace, and make a time to go round there with them. This would depend on how helpful your local police are/how well informed is she on the law etc. Just the presence of the police MAY frighten her into returning it. Whatever you do you need to make certain you stay on the right side of the law and do not threaten or intimidate in any way!

 

On the civil side and taking her to small claims court. It would be up to you to decide if you can afford to risk the court fee to even give you a chance of getting the lap top back.

 

It's the old adage of balancing the pros and cons.

 

Moral justice v cost to you in legal fees v value of lap top v how much do you really want it back.

 

Only you can decide how much it is worth to you both financially and morally to take the risk of spending out on the court costs in an attempt to get it back (and indeed if you can financially afford to take the risk in losing the court costs should you lose your claim).

 

Goodness I sound just like a solicitor!!!!! But truth is although the courts are there to see the balance of truth and justice being done. Unfortunately it is a very sad fact that in today's society people do see people over and lie about it in the extreme! It's almost makes you feel like you want to take a written contract out every time you lend a 'friend' anything or do something for them.

 

Sorry I'm going on but I hate it when friends who you trust then see you over or when the little man in the street gets seen over by the big fat cats who know they have the money to bully and harrass!

 

Off my soap box now. :o I hope you do have the extra cash available to risk and try and seek justice. Good Luck.

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Also even if you do win your case her ability to pay will be taken into account,for example if she is on a low income its likely that it would take ages for you to get your money back.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good point Martin! Well spotted-forgot that little saliant point.:)

 

Suppose the baliffs could cease the lap top as part payment:p Sorry being a bit flipant there really. In truth it would only raise a measly few pounds. But if she owns or own house, or has some very nice valuable assets!?!?!?! Or if she works and you know her bank a/c details and dates when she gets paid you could slap a garnishee order on her bank a/c.

 

Truth is even if you know she has the money 'floating' around doesn't mean she will part with it easily so you have to look at other ways to get the money even if you win.

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fantastic help from you all, didnt expect such a positive result and it has given me the push to go for it and drag her through the courts kicking and screaming and even if I lose itl almost be worth seeing her suffer in the process cos it not just me to lose out , it was my little boy too and no one dares go there with me, just needed to know how to go about it so cheers. do you think a mediation process might be a start cos i read that you can get a mediation lawyer involved from uses in couples splitting and dividing property etc. She is on benefits, drugs and in council proprty so

gettting money back may be an issue . Thanks again xx

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sorry of course i want to get anything back i can- last post left in frustrations i have for her in all this.

any attempt at contact she slams the door in my face, she has changed all phone numbers,email addresses etc ( how guilty and worried is she ) ,and i was a good friend once to never need to consider an agreement or doubting that i would be taken for a mug but will still keep listening to all your brilliant suggestions and will definately be taking some sort of action and will let you all know how it goes xx

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To be honest I have never personally heard of a mediation lawyer/solicitor. Do know there are mediation services available, especially in divorce cases which can be highly volitile due to the hurt on both sides and it helps calm things down and allows each party to have a more objective view to how the other person is feeling and why they may be reacting in such a crazy/nasty or selfish way.

 

Short of being offered this service when you visit your solicitor to obtain a divorce I don't know where you would look to find a service like this. Maybe someone else might have an idea or know more.

 

Also whilst you may be willing to attend mediation, would she be willing to attend? Don't prejudge though! Nothing ventured nothing gained and if there is such a service available it might resolve a lot of problems between you. You may not end up good friends again but you may be able to understand each other a little ore and be more aware of why she has done this and help her to see why you are so angry.

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She is on benefits, drugs and in council proprty so

gettting money back may be an issue . Thanks again xx

 

I can see you are angry and understand why, but with the above issues to deal with the chances of you actually gaining anything but more heartache are unlikely. Unfortunelately not everything can be resolved by issuing a court order.

The mediation referred to above is often used by the courts not just in divorce cases, but after track allocation in order to save court time, and it is expensive.

Personally I would put this one down to experience, and write it off.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Very wise advice Gizmo.

 

Nickysbird's friend probably wouldn't be open to mediation even if it were inexpensive. She obviously has a lot of issues to deal with if she is on drugs and lets be honest here even the most lucid thinking person can be stubborn or unable to see things from another's point of view when they are angry, upset or have a lot of personal pressure or stress.

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Nickysbird

 

As Gizmo says you are obviously very angry and this is undoubtedly borne mostly from the hurt and loss of trust and betrayal of the friendship you gave. It's easy for Gismo and I to sit back and say forget it-not so easy for you to do though.

 

But try to think about it this way. Your friend may have gained a lap top, but she has lost your friendship as a result of her betrayal. As you said in your earlier post you gave her the lap top so that you could keep in touch with each other. So at end of day she has lost more than you out of this. She's lost a good friend-something money CANNOT buy.

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Given that this laptop is several years old (you talk of replacing it soon anyway), you need to be aware that you will not get more than the cost of replacing it anyway (plus some basic court costs) - which will be significantly less than you paid for it.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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If she was considering taking this to small claims, she should write a letter before action to give her mate a chance of returning it. That may be anough incentive for her mate to give it back i suppose even if she does not actually go ahead with issuing a claim.

 

Otherwise, i agree the cost and bother involved in this would exceed the value of the comp and there are times when principle has to take a back seat in favour of cost.

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most probably sold the laptop so she can say she no longer has it and so i cant get it back,or for drugs yes "go for it".thanks loads bugged lady to say that i was a good friend who trusted someone far too much for my own good but there also certainly no chance of being friends now whatever the outome.thanks gizmo too cos you could well be right saying i should count my losses and realise my mistakes to save more heartache than has been caused aleady and thanks tomterm for the costs side of it too will maybe make it not worth it too and thanks lemma for suggesting a letter first as already had one typed out and printed ready to send . great minds think alike.

will ponder for couple of days and maybr send a warning letter and see if it shocks her into returning it or pay the value of it back then poss give up before splashing out on huge costs that may not succeed unless anyone has any last minute miracles ! thanks all so much xx

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