Getting money back from a "friend"

CrystalBlu
CrystalBlu Posts: 22 Forumite
edited 23 June 2009 at 7:56PM in Debt-free wannabe
Hi, not sure if this is the right forum for this but i couldnt find anywhere else..

Anyway, i recently lent my "friend" £1,000, of which he has re-paid £500 with the rest still outstanding, I have asked him for this back repeatedly but to no avail.

My question is how would I go about getting this back? I technically have no proof that I gave him any money and he can just deny that he even took the money?

Any help much appreciated

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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi Crystal Welcome to DFW

    I think you are going to struggle to get this back. If you had proof your options would be either to try an claim it through the small claims court or to get a solicitors letter to 'frighten' him.

    Was the loan in cash? If you had transferred the payment from your bank to his this may help as you would have a record that the money went to him and even though this wouldn't prove it was a loan rather than a gift it would partially back up your position. Did he repay you in cash? Or through the bank?

    You don't have any written evidence at all e.g. an email or even a facebook message saying 'thanks for the loan'? Any witnesses who saw you loan him the money?

    Without any of these it will simply be your word against his. Is he still a friend? - is he refusing to repay you or saying he can't afford to? If the latter you could suggest he pays in installments say even £10pw.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • kaz665
    kaz665 Posts: 121 Forumite
    This is a difficult one and relies really on your friend being honest and trustworthy. I would explain that you need the money back asap and ask if you can set up a direct debit for a certain amount each month for him to pay you back in instalements, maybe with the finish date being around Christmas or something. This way although you may not get all of the money back straight away I think you are more likely to at least get it eventually and might help your friend sort out his financial situation.

    Moral of the story do not ever lend to anyone unless you are prepared to not get the money back - but I guess you already know that.:rolleyes:
  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    Hi, thanks for the replies, well no longer friends - thats kinda the problem, so doubt he'll be very honest about it when i try to get it back somehow.

    The loan was in cash, taken out of my account and paid into his on the same day - at the same bank so i suppose that sort of works in my favour but could still have just been a gift? The £500 he paid was also in cash so no proof of that either.

    I had some text message a few months ago asking for it back and him saying he couldnt afford to, but these have since been deleted.

    Going to be a case of my word against his I presume!
  • tallyhoh
    tallyhoh Posts: 2,303
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    It might still be worth trying small claims court. If your friend thinks you still have proof of the loan he might just cough up.
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • Trollfever
    Trollfever Posts: 2,051 Forumite
    I had some text message a few months ago asking for it back and him saying he couldnt afford to, but these have since been deleted.

    I was told that phone companies can supply copies of deleted text messages.
  • Pssst
    Pssst Posts: 4,803
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    Phone him up about it and record the conversation,casually mentioning all the details of the loan. As your no longer friends, submit a claim via the courts service moneyclaim on line. If you dont do something,you will not feel good. Your either the hawk or the dove in this life,hunter or hunted.
  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    I think i'll go through the moneyclaim online service, he hasnt been taking my calls lately so dont think i can record the conversation, but i'd rather do something than just let him get off wit my money (only £500 i know but thats not the point!)

    Will contact Orange see if they can supply copy text messages, that would go some way to prove that it was indeed a loan.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497
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    Do you know where he is now?

    And does he have a job or possessions that would cover the money?

    You need his current address to start proceedings in the small claims court, and even if you win, there is no guarantee he will pay you. If you have to enforce the debt this will cost you more in court fees which will be added onto his debt, but unless he has a job (so you can get an attachment of earnings order) or owns possessions such as a car (so the bailiffs can seize and sell them) you may never see your money.

    It all depends on him having respect for -or fear of - the law, and/or whethere a ccj is going to bother him
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Pssst
    Pssst Posts: 4,803
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    CrystalBlu wrote: »
    I think i'll go through the moneyclaim online service, he hasnt been taking my calls lately so dont think i can record the conversation, but i'd rather do something than just let him get off wit my money (only £500 i know but thats not the point!)

    Will contact Orange see if they can supply copy text messages, that would go some way to prove that it was indeed a loan.
    I understand there is a device which can retrieve deleted texts from your phone/sim. I think it is commonly used by "security" services but can be bought online.

    also
    http://www.infinityusb.com/default.asp?show=supportdetail&SupportID=21
  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    I know his current address so thats not a problem, and he has a Job and also a car that would more than cover the £500 still owed to me.

    His claims of not being able to afford to re-pay it are grossly exaggerated, so it's just proving that it was a loan and he hasnt re-paid it that i have to be able to prove..
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