Money owed from family member...what to do?

DarkConvict

Unless there is written proof a court will assume unless she states it that the money was gifted to her, so it might be a risk although as you can't claim legal costs for winning/losing the most it will cost is the small claims court fee for about £50. But if she does lose it will put you in a better position.

You could write to her stating the amount owed and how you reached that figure (set it all out clearly), state you have reminded her about this verbally numerous times but she has refused to pay and given you verbal abuse for asking. Inform her if she does not reply within (state date) by recorded delivery (for your proof) setting out the amount she will pay per month over the next 6 months, you may have to take her to a small claims court to recover the full amount + any costs with immediate affect, (or alternatively instead of threatening court action ask that she writes back confirming she will not be paying this debt back in the near future) . Then sign it.
If she does reply she only needs to state in some form she owes this debt, even if she states she won't pay an admission to the debt in writing is all you need to take to the court as proof.

As to the items purchased, if she refuses to give them back they can be classed as stolen and would be covered under insurance. You can state she has taken them and will not return the items, feel free to give the insurance company her address as they will chase her up as if they can find the person they will try and recover their costs that way.

consultant31

If she's wise to the system, in my experience using the small claims court is a waste of time and money.

It will cost £50 and the court will send a letter followed by the bailiffs. The bailiffs will call at her home and if she refuses to answer the door, they will go away. They do this twice for that £50 and if you want them to continue trying it will cost you another £50. At the end of it all, you may well be like we were - an extra £100 out of pocket with not much chance of recovering any of it :mad:

She doesn't sound the sort who will give a toss about paying you back. I think you will have to get heavy if you want the laptop etc back and write off the rest of it as you can't prove she owes it.

cheekymonkey20

Thanks for all the advise... still unsure on how to handle it tho...

I dont want to give up the money without a fight, but i do think that if i said id take her to small claims she'll just not give a monkeys and say go ahead, as she has nothing to her name, and staying with friends/family (or so I belive).

I just need her to pay it back or at least be flipping grown up about this all...

£250 is a reasonable amount, shes got no outgoings other than phone or me, when she was living at her mom and dads they wanted £100 rent, so really she would only need to earn £400 per month. Even if she was to sign on and get a job earning £50 a week (working less than 16 hours of course) she could easily pay it and have spending money herself.

Her laziness infuriates me what can i say, what id give to be in her possition, no real outgoings, no debt etc. all the money she earns she can spend on whatever she wants, not a care in the world. SOME PEOPLE! Grrr

zzzLazyDaisy

DarkConvict wrote: »

As to the items purchased, if she refuses to give them back they can be classed as stolen and would be covered under insurance. You can state she has taken them and will not return the items, feel free to give the insurance company her address as they will chase her up as if they can find the person they will try and recover their costs that way.

If OP tells the truth - which is that she took the items with OP's permission, the insurance won't pay out even though she now refuses to give them back.

Similarly, a court MAY decided that these items were a gift, in which case you can't later change your mind because she owes you money. Even if you win the case (and if she didn't turn up, you would win) chances are she would ignore the CCJ too.

One final point which doesn't seem to have been addressed. You asked if you could claim LHA for her. The answer is almost certainly no, as LHA can't be paid for people living with close relatives, and even if it was payable, she would have had to make the claim at the time.

TBH I think you are going to have to write off this money, but I would certainly cancel the sim and do whatever is necessary to get the phone and laptop back if she isn't going to pay for them - hopefully with the help of her parents.

cheekymonkey20

Im just hoping that with a little pressure that she will pay up, even just to get me off her back.

Oneday77

cheekymonkey20 wrote: »

Im just hoping that with a little pressure that she will pay up, even just to get me off her back.

Good luck.
Since she is living with friends/family she is probably sponging off them too with a I will pay you back IOU. Let her know unless she starts pulling her weight with you they will all know the lies she tells. If you cut off her extra avenues of sponging maybe she will see sense.
I do still think she sees £250 as a huge amount, I know your entitled to it back but it might be worth haggling a little to get her started on paying back.

cheekymonkey20

Not a bad idea actually.. but what is a reasonable amount for a lazy 18 year old with attitude... never been there myself :S

notisis

You state the phone and laptop contract is in your name "with the intention of changing over the name to hers when she turned 18, but she moved out before this could be done" so you are still paying for something in your name without having the phone and laptop - is this correct? Get the laptop and phone back as it seems these are yours and you were allowing her to borrow them. She has both items I assume without your permission unless she has now taken over the contract with your permission and has use of the items.

If she won't give them back and you are still paying - then report to the police as theft. At least you may be able to use the laptop or sell it and get some of your money back. Possibly the same with the phone if it a sought after one. It seems the girl has no intention of paying you back. If the police issue a crime number and the laptop and phone is not recovered then report to your home contents insurance provider. It may be they will then provide either a sum of money or replace the items which you can sell to recoup some money.

If my understand is not correct and you are not still paying for the phone/laptop - what has happened in the meantime?

Oneday77

cheekymonkey20 wrote: »

Not a bad idea actually.. but what is a reasonable amount for a lazy 18 year old with attitude... never been there myself :S

50 lashes a week...oops...you meant monetary cost.
I would start with say £125+the contract bills a month, that clears it all over the year and it leaves her knowing how to pay for her laptop and phone. Also the phone contracts can be transfered to another person as long as they pass the credit check and there is a reason. You could try finding an area where the mobile provider has NO coverage and say your moving there in 2 months can you transfer it to your OH's cousin as you wont have any use for it

mrbrightside842

I'd go get the stuff from her, and say that you'll sell them on to reduce what she owes. If you cancel the contracts, she'll still be able to use the stuff so she won't care about that.