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  • FIRST POST
    andyshan
    Help! I lent some money to a friend who won't pay me back
    • #1
    • 20th Aug 08, 12:40 PM
    Help! I lent some money to a friend who won't pay me back 20th Aug 08 at 12:40 PM
    18 months ago, I lent my friend £2,500 to help her out with some money issues at the time, and I've now been asking for the money back for a few months.

    She now no longer speaks to me, ignores my calls and won't answer the door, despite the fact I've been completely reasonable with her. I only managed to just speak to her this morning and she basically just told me I won't be getting the money back!

    I have e-mails and texts talking about the money which was borrowed, if this helps. I gave her the money in cash (not a bank transfer or cheque).

    I'm really worried about what I should do next, if I have any legal options? If there's any way I can get the money back because I really need my money back.

    If any body can offer me any advice at all, it will mean the world to me.

    Many thanks.
Page 1
    • neas
    • By neas 20th Aug 08, 12:45 PM
    • 3,660 Posts
    • 9,736 Thanks
    neas
    • #2
    • 20th Aug 08, 12:45 PM
    • #2
    • 20th Aug 08, 12:45 PM
    not much you can do...

    Only thing you can do is to shame her to pay it back.... distribute the proof/evidence to all her friends/workplace/family etc... to get her to agree a regular repayment.

    if she doesn't at least everyone will know she stole 2.5k from you.
    in future dont involve frienship and money/
  • andyshan
    • #3
    • 20th Aug 08, 12:48 PM
    • #3
    • 20th Aug 08, 12:48 PM
    Thanks for your reply. The thing is I'm not that type of person to do things like that. Although I'm very angry about the situation, isn't there a chance of going through the small claims court or at least asking citizens advice do you think? Even if I have proof by way of e-mails/text messages that she borrowed the money, won't these stand up?
  • mrposhman
    • #4
    • 20th Aug 08, 12:54 PM
    • #4
    • 20th Aug 08, 12:54 PM
    If you've got no documentation to prove it was a loan and not a gift I'm afraid your not protected really.

    Going through the small claims court will only cost you more money.

    You could ask the CAB but they may come back saying its a lifes lesson you've learnt.
    • Oblivion
    • By Oblivion 20th Aug 08, 12:56 PM
    • 18,980 Posts
    • 57,622 Thanks
    Oblivion
    • #5
    • 20th Aug 08, 12:56 PM
    • #5
    • 20th Aug 08, 12:56 PM
    Thanks for your reply. The thing is I'm not that type of person to do things like that. Although I'm very angry about the situation, isn't there a chance of going through the small claims court or at least asking citizens advice do you think? Even if I have proof by way of e-mails/text messages that she borrowed the money, won't these stand up?
    Originally posted by andyshan
    It's certainly worth going to Citizen's Advice to clarify what, if any, legal options you have.

    Personally, I doubt that your email / text message exchanges will be sufficient proof of debt for a court. You should have got her to sign an agreement which stated clearly when the money was due to be repaid. Without that, I think you're snookered I'm afraid.

    Dave.
    ... Dave
    Happily retired and enjoying my 10th year of leisure

    I am cleverly disguised as a responsible adult.

    Bring me sunshine in your smile
    • jonesMUFCforever
    • By jonesMUFCforever 20th Aug 08, 12:57 PM
    • 22,940 Posts
    • 10,351 Thanks
    jonesMUFCforever
    • #6
    • 20th Aug 08, 12:57 PM
    • #6
    • 20th Aug 08, 12:57 PM
    You could take her to small claims and you could get a ccj against her BUT if she does not have any money to repay you then it is highly unlikely that you will ever see a penny.

    Sorry to be the bearer of bad news but you might have to write this off unless you know that she has goods of some value you could get confiscated and sold via a bailiff.
    To do this you need to have won in court and be prepared to pay out lots more for bailiff fees.
    What goes around - comes around
    give lots and you will always receive lots
    • ALIBOBSY
    • By ALIBOBSY 20th Aug 08, 1:01 PM
    • 4,282 Posts
    • 16,014 Thanks
    ALIBOBSY
    • #7
    • 20th Aug 08, 1:01 PM
    • #7
    • 20th Aug 08, 1:01 PM
    I would have thought without a written signed document, the emails and texts are probably not enough. Even a signed I.O.U would have had more chance in court.

    Perhaps if you wrote to your friend via recorded delivery (so you know they got it) and explained how upset you are and also offered to take a low weekly/monthly payment arrangement you may (eventually) be able to get your cash back.

    Good luck

    ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

    Save 12k in 2016 challenge no 60 £182.20/£6000
    • grade15
    • By grade15 20th Aug 08, 1:03 PM
    • 508 Posts
    • 214 Thanks
    grade15
    • #8
    • 20th Aug 08, 1:03 PM
    • #8
    • 20th Aug 08, 1:03 PM
    ask her payment of 500 first and then slowly get the rest of the money back bit by bit after time..and once you received all your money..learn your lesion !!!!
    smile everyday...cos its free
    Live everyday to the Full..cos there is no tomorrow
    • terryw
    • By terryw 20th Aug 08, 1:08 PM
    • 3,823 Posts
    • 5,980 Thanks
    terryw
    • #9
    • 20th Aug 08, 1:08 PM
    • #9
    • 20th Aug 08, 1:08 PM
    You could take her to small claims and you could get a ccj against her BUT if she does not have any money to repay you then it is highly unlikely that you will ever see a penny.

    Sorry to be the bearer of bad news but you might have to write this off unless you know that she has goods of some value you could get confiscated and sold via a bailiff.
    To do this you need to have won in court and be prepared to pay out lots more for bailiff fees.
    Originally posted by jonesMUFCforever


    Very very annoying. If I was in your shoes, I would write to the friend pointing out that this money is owed and quote all of the emails and text messages from her in your letter. This then puts the information in a written form as copies of the letter could be given to the judge if it ever gets that far. She might just (we live in hope!) acknowledge the debt in writing to you. Personally I would go easy in such a letter, suggesting that you know her problems but to help her out you will accept payments of say £20 per week. If she does pay you anything at all, make sure you give a receipt stating £20 paid balance outstanding £2480 or whatever. This will help to prove the debt, if it ever ends up at court.

    Think carefully about the court route. even if you obtain judgement, enforcing this is not easy, unless the debtor has assets, a job or owns property.

    Best wishes anyway.

    the poster formerly known as
    terryw
  • andyshan
    Thanks to everyone for your advice, I'll weigh up my options, but if there is anyone else too who thinks I have a good route to take, please do let me know.

    Thanks once again
    • crazyfj
    • By crazyfj 21st Aug 08, 7:20 AM
    • 278 Posts
    • 99 Thanks
    crazyfj
    you could get your local solicitor to write a letter warning her of further action.

    it may help you (it would cost you though to do the letter) but might give her the kick she needs
    fj
    • brownbabygirl
    • By brownbabygirl 21st Aug 08, 8:10 AM
    • 1,278 Posts
    • 530 Thanks
    brownbabygirl
    you could get your local solicitor to write a letter warning her of further action.

    it may help you (it would cost you though to do the letter) but might give her the kick she needs
    fj
    Originally posted by crazyfj
    yep i think this might do it.
    QUIDCO £1470.67 paid out since October 2007
  • thecatswhiskas
    I lent my friend money too...
    I did the same thing. I thought I was helping out a friend in his time of need and lent him £2,500 to buy a car - I did this by CHAPS payment though so I have a little bit of proof. I also have emails and text messages but have still not received a penny.

    How did you get on? Is it worth me trying to do anything?
  • Cardamom
    Hi - what a horrible situation to be in.

    My mum always says to me never lend anyone money unless you are in a position to let that money go should they not give it back.

    Like it has been shown in this cruel example no matter how close you are to someone there is always the chance that when it comes to paying the money back they will deny taking the money or will refuse to pay you back.

    Photocopy all evidence you have and send it to her on a regular basis, stating that you are still waiting for your money back and will continue to contact her until she starts paying you back (or get a solicitor to do this for you threatening action if she does not respond). Try to approach her with a pay back plan whereby she gives you some money every month say, until she has paid you back in full. However you say she is ignoring you so I can understand that this may not be the best solution. It may be best to get some legal advice and as another poster said try getting the money back through the small claims court, however this will of course invite further problems.

    She sounds like a really nasty person, I hope you can find a way to get your money back.

    Cardamom
  • foxwales
    I would be cautious about sending her lots of e-mails, texts or visiting her regularly trying to get your money back as this could be classed as harrassment under the Administration of Justice Act Section 60; where harrassment of a debtor by a creditor could be considered a criminal act.

    If you have texts, e-mails or any form of written confirmation stating that she admits to the debt, then this proves liability and that it was infact not a gift which would could be submitted before a Civil Court.

    You could take this to County Court in which case the court could grant you a judgement against her; if she does still not pay then you are able to enforce it further through the courts using bailiffs.

    You do not need to have a solicitor to act on your behalf through the courts, but this will depend on how savvy you are at dealing with formal issues such as this and it shouldn't cost you much to take this through the courts on your own.

    Other than that, put this down to life experience and never lend any money again.
    • nomoneytoday
    • By nomoneytoday 5th Mar 09, 4:31 PM
    • 4,649 Posts
    • 2,796 Thanks
    nomoneytoday
    Looks like the borrower wasn't really a friend, and this was a horrible expensive lesson
    • jess1974
    • By jess1974 5th Mar 09, 7:39 PM
    • 983 Posts
    • 1,135 Thanks
    jess1974
    I'd send a couple of heavies round to have a quiet word with her....
    • Blakey1982
    • By Blakey1982 5th Mar 09, 8:31 PM
    • 420 Posts
    • 114 Thanks
    Blakey1982
    How about cutting off a limb and charging her £2,500 for it back??
  • lozbk
    My mum is in the same situation. She lent a "friend" over £12,000 in dribs and drabs always with the promise she would get it back, that was all of the savings. Her friend was in trouble and had a young daughter o my mum did all she could to help. When my mum found out she had cancer she asked again and again for her to start paying some back as she needed it. The woman became very nasty, and then moved house. We need to recover this money in the quickest and most cost effective way but need to locate her first.....any ideas???
    LozBK
  • elfieb
    My mum is in the same situation. She lent a "friend" over £12,000 in dribs and drabs always with the promise she would get it back, that was all of the savings. Her friend was in trouble and had a young daughter o my mum did all she could to help. When my mum found out she had cancer she asked again and again for her to start paying some back as she needed it. The woman became very nasty, and then moved house. We need to recover this money in the quickest and most cost effective way but need to locate her first.....any ideas???
    Originally posted by lozbk
    Try 192.com.
    Unfortunately like other posters on this thread have mentioned, you may find it very difficult to get your money back.
    I used to be Snow White, but I drifted.
    Mae West

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