Getting money back from a "friend"

24

Comments

  • Lipstick99
    Lipstick99 Posts: 160 Forumite
    First Post First Anniversary Combo Breaker PPI Party Pooper
    Crystal Blu - am with you on this..... made the mistake of believeing someone when they said i would get my money back..... hasn't paid a penny. And me being daft. gave him cash, wish I hadn't. So you are not alone.

    I have taken my stupid head off now.:rolleyes:
    04.06.12 no debt:beer:
    Now house deposit saving £24,000 and rising:T thanks to 2x Barclays PPI successes
  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    Yeah i wont be lending anyone money again in a hurry, more hastle than its worth!

    So moneyclaim online is my best option? Dont think there's much more i can do!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    Before you start court proceedings, you should send him a 14 day letter along the following lines...

    Dear [name],

    Notification of intended court proceedings (underline this bit)

    On [date] I loaned you the sum of £1000. You have since repaid £500, but despite my repeated requests you have failed to repay the balance. In the circumstances I am now left with no alternative but to inform you that I require a cheque from you in the sum of £500 within 14 days, failing which I will commence proceedings in the county court for the full amount owed, plus interest and court costs. No further notice will be given.

    Yours etc

    When you make the claim, you state that you sent a letter before action on [date] but that you have had no reply (if that is the case) and just repeat what you have said in the letter.

    You then wait and see what he says in his defence. If he does not file a defence, you can apply for judgement in default. You can do this online.

    EDIT - you can just give him 7 days to pay up, but it is worth being realistic - if he gets paid on last day of the month, say, there may be little point in making the deadline before he gets paid.
    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.
  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    Thanks Lazy, I've written out the letter as you advised and will be sending it tonight recorded delivery, at least then i have confirmation that it has been received even if it is ignored!

    So after 14 days and i havent heard anything i can use moneyclaim online to start proceedings?
  • DdraigGoch
    DdraigGoch Posts: 730 Forumite
    First Anniversary First Post Mortgage-free Glee!
    best of luck from someone else with the same sort of "friends"
    If you see me on here - shout at me to get off and go and get something useful done!! :D
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    CrystalBlu wrote: »
    Thanks Lazy, I've written out the letter as you advised and will be sending it tonight recorded delivery, at least then i have confirmation that it has been received even if it is ignored!

    So after 14 days and i havent heard anything i can use moneyclaim online to start proceedings?

    Hi, sorry I have only just seen this - when sending a letter 'recorded' delivery it is acyually best to send it by Special Delivery - it costs more, but it is delivered by a separate postman from normal mail, and they have to get a signature, which is then uploaded to the RM website so you can get a copy as proof of recipt. Unfortunately with recorded delivery they often dont bother with a signature. Never mind, you weren't to know.

    As you have sent it recorded, you need to go on-line with the number and see if it has been delivered (people who owe money often refuse to accept recorded delivery letters). For that reason I usually advise people to also send the letter by ordinary letter post as well, as a back up.

    Alternatively, if you are happy to hand deliver, and have a friend who is willing to go with you as a winess and would also be willing to go to court and confirm that you delivered the letter, then hand delivery is also an option.

    Sorry, I should have pointed these things out to you.

    Anyway, If it is shown on RM website as delivered you can start proceedings once the 14 days has passed from the date he received the letter. If it isn't showing as delivered, then I suggest that you either post it by ordinary post and get a receipt, or hand deliver it with a friend as witness. Then wait another 7 days.

    Come back if you need further help with this, and anyway, do let us know what happens x
    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.
  • lilac_lady
    lilac_lady Posts: 4,469 Forumite
    Isn't it strange that when someone lends money to someone else the lender becomes a "bad" person for trying to get the money back as promised? That's why I NEVER lend money. if I can't afford to give it I don't get involved. Yes - I learned the hard way.
    " The greatest wealth is to live content with little."

    Plato


  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    Hi, thanks for the reply Lazy, I just checked on the RM site and it has today been delivered, the past 2 days he has apparently not been in.

    The ePoD will be available to view in 24hrs so hopefully I will have that as evidence that he recieved the letter and that it was him who signed for it.

    So 14 days from today.. 9th July, if no cheque/response has been received I can begin moneyclaim proceedings? Still going to be my word against his though i imagine :mad:

    @lilac - I know what you mean, I actually felt bad having to ask the first few times. But now i'm just sick of it. Hopefully the prospect of court action will encourage him to pay his debts!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    Hi Crystal, that is good news!

    Yes 14 days from today you can start court proceedings if you haven't got your money.

    Yes, it will be your word against his - do you still have the bank receipt showing that you paid cash into his account? Even if you don't, you should take copies of your bank statement showing that you withdrew the cash on that day, and you just have to hope that the court believes you rather than him.

    Once you have convinced the court that you did lend him the money, then it is up to him to persuade the court that he has repaid you (it is not up to you to prove he hasn't).

    But first let's see what happens. He might pay you back... or if you do have to start proceedings, he may not file a defence..... or he might tell the court that he does owe you the money but can't afford to pay you at the moment..... or..... or.....

    One step at a time ;)
    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.
  • CrystalBlu
    CrystalBlu Posts: 22 Forumite
    Hi Lazy thanks for reply again!

    I have my bank statement showing a withdrawal of £1,000 from my account & its not every day i take out cash like that so hopefully the courts will beleive me that it is indeed a loan!

    I know that he paid in the £1,000 at the same branch on the same day into his account, but im guessing he cant be forced into producing a statement showing this? Or could the court ask the Bank to give a statement without his consent? But i suppose if he had nothing to hide he wouldnt refuse would he!

    :p
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