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  • FIRST POST
    • arichmond64
    • By arichmond64 18th Aug 17, 6:42 PM
    • 1,518Posts
    • 305Thanks
    arichmond64
    Loaned 5,500 to a friend, ignored for months, what are my options
    • #1
    • 18th Aug 17, 6:42 PM
    Loaned 5,500 to a friend, ignored for months, what are my options 18th Aug 17 at 6:42 PM
    It's a long story, as these things always are but to cut it short.

    Girlfriends best friend asks to borrow 5,500 for an urgent tax bill (4th April 2017), makes an elaborate/plausible story about her being bank frauded, her parents are away in Wales (girlfriend has been so we know it's possible) and she can't contact them, so we send her the money.

    After a month of random and convenient excuses we eventually go to her house (lives with parents) to ask them what they know about it, as it turns out they didn't know a thing and are completely shocked, we thought they'd help but they haven't and it's now 4 months down the line and we have just been completely ignored.

    Now I know it's stupid so no need to tell me, but we don't have any "contract" she lives over an hour away so it was all discussed via text and the money sent via bank transfer. It's clear from the texts on that night, and subsequent ones that this is a loan and was to be paid back within days of it being sent to her.

    Nearly 3 weeks ago I issued her a 'Statutory Demand' on the advice of a friend, which I'm now thinking wasn't the best course of action as it's very expensive and doesn't guarantee you'll see any money back.

    At this point I'm looking for advice on other approaches such as small claims court/debt collection agency etc.

    Any help would be appreciated

    Thanks
Page 3
    • sourcrates
    • By sourcrates 23rd Aug 17, 3:11 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    It doesn't work like that unfortunately. If you win your case, you will then need to pay out even more money (in the hundreds) to send in bailiffs and even then they can only take her possessions, not her parents.

    Originally posted by Candyapple

    Not strictly true, if you obtain a CCJ against her in the county court, you can then transfer up to the High court straight away for a fee of 66.

    https://dcbltd.com/debt-recovery/

    You can then engage DCBL (stars of cant pay well take it away) to visit her to enforce the judgement.

    Visiting her commercial premises will most likely be the best bet.
    Last edited by sourcrates; 23-08-2017 at 3:14 PM.
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    • macman
    • By macman 23rd Aug 17, 3:38 PM
    • 41,351 Posts
    • 17,001 Thanks
    macman
    The debtor is described as a 'venue stylist': not my area of expertise, but I doubt that her commercial premises, if any, contain assets worth 5,500. A car is the most promising item to be seized, but of course may be on finance.
    No free lunch, and no free laptop
    • arichmond64
    • By arichmond64 23rd Aug 17, 6:13 PM
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    arichmond64
    The bailiffs won't go after her parents house for her unpaid debt. And eventually she will be able to gain both a rental or a mortgage once her credit file has repaired. Having children does not mean that you are responsible for all the debts they rack up. Would you expect your parents to step in if you decide you don't want to pay your credit card? I understand you're angry, but you have to look at this logically and turning up on her door expecting her parents to pay you back is certainly not logical.
    Originally posted by amfan
    Please stop with the lecture.

    If this was me I'd expect my parents to give me a kick up the backside and attempt to get me to sort it out, rather than just burying their heads in the sand and letting me do the same.

    Also, she lives with parents, please read all posts before chipping in
    Last edited by arichmond64; 23-08-2017 at 6:16 PM.
    • arichmond64
    • By arichmond64 23rd Aug 17, 6:14 PM
    • 1,518 Posts
    • 305 Thanks
    arichmond64
    The debtor is described as a 'venue stylist': not my area of expertise, but I doubt that her commercial premises, if any, contain assets worth 5,500. A car is the most promising item to be seized, but of course may be on finance.
    Originally posted by macman
    She has plenty of assets at her business premises, but probably not for that amount, along with a car which was paid for in cash and is worth over the debt amount
    Last edited by arichmond64; 23-08-2017 at 6:29 PM.
    • StopIt
    • By StopIt 24th Aug 17, 8:38 AM
    • 1,400 Posts
    • 1,186 Thanks
    StopIt
    Please stop with the lecture.

    If this was me I'd expect my parents to give me a kick up the backside and attempt to get me to sort it out, rather than just burying their heads in the sand and letting me do the same.

    Also, she lives with parents, please read all posts before chipping in
    Originally posted by arichmond64

    And what if they have actually spoken to the person, or know that that debt is just another in a long list and thus cannot do anything to get the money?


    You're not psychic, and you have no idea if said kick up the proverbial has happened or not. You're just assuming they aren't doing anything because no money has appeared. Then proceeding to threaten them indirectly by saying that you'll be sending the bailiffs to their home is clearly because you want them to pay then deal with their daughter themselves.


    They do not have to do that, and you know what? If they want to tell you to get lost, they're within their rights to do so. It has nothing legally to do with them, so you involving them is a form of harassment, and I'd advise you cease any communication with them if all you intend to do is try to bully or shame them into getting this "sorted".


    Use the legal route, and use any assets the person who owes you money as leverage. Anything else is not just irrelevant but frankly not right.
    Last edited by StopIt; 24-08-2017 at 8:41 AM.
    • DCFC79
    • By DCFC79 24th Aug 17, 8:46 AM
    • 30,300 Posts
    • 19,166 Thanks
    DCFC79
    I understand this, what I mean is I'd like to think a decent parent would be a little more proactive in helping to resolve the situation, after all it will be their house which the baliffs go to eventually and her daughter who won't be able to get a mortgage or move out when she's got a CCJ against her name.
    Originally posted by arichmond64
    I see your point, maybe they know what shes like and know they wont get the money back if they did pay on her behalf.
    Last edited by DCFC79; 24-08-2017 at 8:51 AM.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • arichmond64
    • By arichmond64 24th Aug 17, 12:20 PM
    • 1,518 Posts
    • 305 Thanks
    arichmond64
    And what if they have actually spoken to the person, or know that that debt is just another in a long list and thus cannot do anything to get the money?


    You're not psychic, and you have no idea if said kick up the proverbial has happened or not. You're just assuming they aren't doing anything because no money has appeared. Then proceeding to threaten them indirectly by saying that you'll be sending the bailiffs to their home is clearly because you want them to pay then deal with their daughter themselves.


    They do not have to do that, and you know what? If they want to tell you to get lost, they're within their rights to do so. It has nothing legally to do with them, so you involving them is a form of harassment, and I'd advise you cease any communication with them if all you intend to do is try to bully or shame them into getting this "sorted".


    Use the legal route, and use any assets the person who owes you money as leverage. Anything else is not just irrelevant but frankly not right.
    Originally posted by StopIt
    They could simply contact us and say this, i.e. it's nothing to do with us.

    I'm not asking them to pay, I'd like to think they could help mediate it in some way, atleast let us know what is going on from their side, have they spoke with her about it, what has she said?

    It's also not an indirect thread, if it goes as far as bailiffs, where will they go? To their home.
    Last edited by arichmond64; 24-08-2017 at 12:23 PM.
    • bearcat16
    • By bearcat16 28th Aug 17, 11:13 AM
    • 316 Posts
    • 367 Thanks
    bearcat16
    Lending money to friends and family... my advice from experience is to treat it as a gift. If you get repaid, consider that a bonus.

    The parents don't owe you anything. They don't have to help you, they don't even have to talk to you.
    • Kidder81
    • By Kidder81 28th Aug 17, 4:22 PM
    • 60 Posts
    • 59 Thanks
    Kidder81
    It's a bonus that she lives with her parents. If a claim gets as far as collection, their stuff is at risk unless they can prove its theirs. Might focus their minds!

    Get a small claims court claim in. What have you got to lose?
    • ThePants999
    • By ThePants999 28th Aug 17, 6:36 PM
    • 866 Posts
    • 1,013 Thanks
    ThePants999
    If I could afford to throw 5,500 at someone I didn't know, I'd also be happy to spend a few hundred extra to chase them as far as possible for it back, even with a low chance of success.
    • C_Mababejive
    • By C_Mababejive 31st Aug 17, 10:59 PM
    • 10,299 Posts
    • 9,340 Thanks
    C_Mababejive
    Nail her !!!..
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
    • Steve_GP220
    • By Steve_GP220 1st Sep 17, 1:06 PM
    • 31 Posts
    • 0 Thanks
    Steve_GP220
    Being Welsh, I know for a fact that communications there have improved significantly in the last 50 yrs. Post is good, BT phone system is good, and even the cell phone networks give very good coverage. I communicate with family members in Wales all the time. There's internet, emails and social media - and Wales is included in all of that!

    Also - I've seen Judge Rinder take text messages as a form of contract in some of his cases. So no worries there! Don't hesitate, take her to small claims court. It seems to me this was a deliberate deception and any Judge would see it. Good luck!
    • BaileyMoselle
    • By BaileyMoselle 1st Sep 17, 4:36 PM
    • 80 Posts
    • 19 Thanks
    BaileyMoselle
    Forget the legal actions, small claims tribunals, etc. As King Solomon said in Ecclesiastes 6:9 "It is useless; it is like chasing the wind." For all of us we exist for a little while on the planet, make a few mistakes, then expire. Move on and say goodbye to your lost money. Time is ticking away. There are better things to get on with in your life.
    • arichmond64
    • By arichmond64 15th Sep 17, 5:29 PM
    • 1,518 Posts
    • 305 Thanks
    arichmond64
    Update:

    After getting a solicitor to send a LBA, and after a text to her parents to let them know this was done and it was ignored, so small claims court proceeded were to begin, she sent a length message to basically say she can't hack having her own business and that she was selling it.

    My solicitor called the next day to tell me her father has offered to pay 1,000 every 8 weeks until the debt is paid, or she sells the business.
    • Narola1976
    • By Narola1976 15th Sep 17, 7:52 PM
    • 93 Posts
    • 277 Thanks
    Narola1976
    Thanks for the update; glad this has got the result for you.
    HSBC CC 7150.15 - 6524.68 ~~~ Barclay Card 7894.74 7846.32 ~~~ MBNA 1 10382.67 - 10272.67 ~~~ MBNA 2 7214.28 - 7062.94 ~~~Argos 202.05 - 100.05 ~~~ HSBC Loan 399.27 - 0 ~~~ Hitachi Loan 24.12 - 0 ~~~ Car Loan 14745.60 - 14008.32
    TOTAL 48012.88 - 45814.98 (Paid 2197.90 so far)
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