Getting money back from a "friend"

13

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    Hi Crystal

    It is worth stating in your claim that he went with you to the bank and waited while you withdrew the money, and then paid he it straight into his account at the same branch.

    tbh this amount of detail is not normally necessary at the claim stage - it is more the sort of thing you would tell the court at the hearing (if it gets that far). But in your case, it might be worth mentioning it now, because hopefully he is less likely to deny that you gave him the money..... but if he does, you can ask the court to make an Order that he produce that bank statement to the court.

    While you are waiting for the 14 days to pass, it is worth phoning your local county court and asking them to send you an information pack and claim form for the small claims court.

    When you use moneyclaim on-line, once a defence is filed it is sent out to your local county court, so it is useful for you to know how the system works and what will happen after that.

    Also, does he live in your area? If not, he can ask for the claim to be transferred to his own local court.
    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
    Well he didnt pay it in right afterwards - was a few hours after since i had to meet him after he finished work, but still the same day/branch does help i would imagine!

    Does lives in the same region as me so would be the same court thankfully, so i will give the court a call this afternoon and ask them to send over the information for me to have a look over.

    Just hoping he sends a cheque in the post before the 14 days are up, but even if not im going to get my money back one way or another!
  • I've got a similar problem but 4K instead of 1K lent.. Nice lady down the road borrowed it to bail her son out in March was cashing endowment in May to pay for it. Since then we've had excuses and entertaining stories - Would like to talk and resolve it outside the legal system but she's too nervous. My guess is their expectations from the endowment fell short so they probably still owe money on the property - they have land they are building on abroad so they might be in shed loads of trouble at a late stage in their earning life. If they won't talk to us would like to refer them somewhere for advice.. any ideas? - okh - and what happenned to you?? first time I've used a forum - quite cathartic! thanks for reading
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi keepitforthe birds and welcome to MSE and forums in general. Forums are great as you can ask anything without it being people you have to face and most on here are not judgemental and try to be helpful.

    Sorry if I'm not fully understanding your post - did you lend money to your neighbour or did she lend it to someone and you are trying to offer her advice?

    If the debt is to you then sometimes a letter like on the first page of this thread or a letter from a solicitor is enough to prove to the other person that you are serious about getting the money back (without the need to actually go to court). Is there any proof that the money was transferred and that it was a loan not a gift?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Hi Tixy - never did log back on... Anyway - She owes us the money. I have prepared a spreadsheet showing the cost to us and a standing order form in favour of our bank. Just got to write a covering letter and send it round, then give her a call... Probably should be writing that letter right now!
  • Hi Friends, Please help.. One of my friend borrowed money from me 1,40,000 Rs (Indian) one and half year back..he keep saying some thing and escaping ..if I tell him like this I am going send layer notice to you will be under problem, but he is saying no problem what ever you want do it.. I don't care like that he saying.. Is there any solution to get back my money please help me..I am ready to pay some amount to get back my money.

    Proofs he had given me Bank cheques on his wife name and I have receipts when I was send money to him.. Please help ...
  • dt3887
    dt3887 Posts: 275 Forumite
    OP, any updates on how this went? been reading this with great interest
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    Hi Friends, Please help.. One of my friend borrowed money from me 1,40,000 Rs (Indian) one and half year back..he keep saying some thing and escaping ..if I tell him like this I am going send layer notice to you will be under problem, but he is saying no problem what ever you want do it.. I don't care like that he saying.. Is there any solution to get back my money please help me..I am ready to pay some amount to get back my money.

    Proofs he had given me Bank cheques on his wife name and I have receipts when I was send money to him.. Please help ...

    What country are you living in?

    What country is your friend currently living in?
    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.
  • Crystalblue,

    I read your case with great interest and I was very curious how it worked out - as I am in the same position from two sides!
    Well I loaned much less money to a friend but even for me it is more like a principle that bugs me rather than the sum - and yes even I had been foolish to give it cash, I only have emails to prove he owes me.

    But I have another case also if ANYONE could give me an advice on it...I have my previous landlord who fails to pay my deposit back...it's not too much amount (125 pounds) but I am just not willing to leave this with him. I have got tenancy agreement and everything - I am prepared to go to small claims court, and already threatened him to go to court, but he is sarcastic and says do what I wish he does not care, why do I cry for such a small amount!!!!
    My question would only be is that I am yet to send him the final warning letter....but I don't know if I can send without any address as I don't want him to know where I am residing now...maybe I am over-reacting but I just wouldnt feel comfortable him knowing, might pay a visit to me....I am just having this idea that if I send out the letter without any address on it where he can reply to - the judge would not consider the letter or he might attack that I did not even let him to reply? Or is it not compulsory and is enough he knows my phone number??


    any help appreciated, thank you,
    Squillke
  • I would also like to know how this ended up?

    I have a similar, smaller scale problem, in that the value is only £71. It was a joint holiday and 5 out of the 6 people have paid their £71, but only 1 lad hasn't, we had a personality clash and as a result dislike each other, and as a result he is refusing to pay.

    Its a matter of principle why I want to pursue it.
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