Bailiffs... best way to recover debt?

ericthekidstoner

Can anyone share their experience/advice on the best way to recover debt from (ex-) friends who refuse to pay you back cash?

He owes me £460.

I don't have any written agreement but do still have the relevant records (i.e. deposit receipt with account number and bank statements showing his previous regular repayments, as well as several phone numbers, ex-car reg - initial purpose of loan now written off, his place of work but not his current address).

I've given him quite a while (9 months+) to start repaying again but he has failed to deliver. Is there a validity period or anything?

Cumbrian_Male

file a claim in the small claims court.

Quintain_2

Yes, write to him and inform him that unless he pays by a certain date you will lodge a claim with your local court.

Then claim through the small claims court

It will cost - there are court fees, but you can add the costs to the claim .... and interest at 8% from the time you receive judgement.

If he still will not pay you can ask the court for an enforcement order, which allows a bailiff to pursue the debt, again at a cost

fatbelly

Send a "letter before action" first. If you contact your local court for a claim pack, that should include guidance on writing one.

You can make your claim online at https://www.moneyclaim.gov.uk/csmco2/index.jsp but I'm not sure if sample letters before action are on that site.

Debts remain vaid for six years. And you can claim interest.

Stonk

I'm not saying this person doesn't owe you the money, but just thinking what the court might say ...

In the absence of a written agreement, it is his word against yours. Your evidence does not prove he still owes you anything. He could just say that he gave you remaining £460 in cash.

So, definitely send a letter, and hope that he trips himself up in his reply by admitting he still owes you.

ericthekidstoner

I've also got text messages of him saying that he will pay me back [insert excuse here]