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

edinburgher

Also the phone contracts can be transfered to another person as long as they pass the credit check and there is a reason.

I worked for O2 customer services two years ago and contracts couldn't be transferred. I very much doubt that this has changed since. You can only close one contract and take out another one in the girl's name. If she's living at home, not working and is a general sponger I'm doubting that she's going to have a great credit score

timmmers

I'd stop apologising for this...you sound as if you are begging for your own money back AFTER doing a huge favour?

IF she had done a favour and the person had gone on to treat her like this it sounds to me as if she'd be angry as hell? Then she will understand when you get angry too won't she?

You may not get far in a court, but she doesn't know that...and curtly telling her parents and/or her "Sod it, I was nice to her and she's crapped on me...I will have to deal with her properly now to get some money back ..via the courts". She'll crap herself especially when she realises her credit will be FUBAR for 6 years...the 5 years when it's going to be most usful to her in her entire life. Tell her to enjoy the phone, it will be the last contract one she sees for 6 ears...and BTW, try not to let the bailiffs reposess it if she can help it .

Get real and she may. She knows you won't do anything...so she's laughing. Prove her wrong convincingly and she may just crack.

t

cheekymonkey20

OK.... right i send her a message saying that she can agree to pay £125 per month plus phone bill etc... however if she does not agree to this then i have no chocie but to send her to small claims court and she will then have to go to court and pay not only she owes me but court costs too..and she'll have to try not let the baliffs possess anything, and face having it on her record for 6 years. Its up to her!?

cheekymonkey20

only problem with this is i think she will say go ahead, iv got nothing they can take, dont care! So im no better off with threatening her

DarkConvict

cheekymonkey20 wrote: »

only problem with this is i think she will say go ahead, iv got nothing they can take, dont care! So im no better off with threatening her

But if you can get her to admit that she owes the money, even if she states she will not pay it, will allow a court to grant a CCJ that could be enforced to retrieve the funds within a fair amount of time.

Poosmate

Is there some reason you can't physically go and take the phone and laptop back off her? Like, in the first instance ask her face to face and if she refuses then, in front of her, call the Police and report them as stolen? Then you could reasonably cancel (or get stopped) the services you are paying for, to those gadgets. Although, I'd be reluctant to tell her that in case she sold the items to someone else just to spite you (she sounds like that kind of person).

To be honest I'd have done this first as it's no cost to you and still leaves you the option of threatening Court action afterwards.

But then, no one would take such advantage of me for 5 months in the first place, certainly alarms bells would be ringing after just one month.

You may, ultimately, have to put this down to one of life's lessons, albeit a rather expensive one!

Good luck anyway.

Poo

misslauren

Actually, poosmate makes a good point.

IF you can get the mobile and laptop back, and I would try and do so with the help of parents/friends parents, couldn't you then cancel the contracts or pay them out, then sell the mobile and laptop to regain some of the money you spent?

cheekymonkey20

Im just battling now to decide what to say exactly... i've decided to scare her into it, but i dont want to rock the boat as far as the family are concerned.

You've all been really helpfull in giving me advice and words of guidance, but as you can understand it is a delecate matter which I have to tread very carefully. I think there is a very slim chance of getting the money back, however, with me having tight finances as it is i dont want to get rid of that hope that i might get it back, or sqaush it in one way (ie pushing her so far that she tells me where to go and i dont see a single thing)

I think in a nutshell what i want to happen is:

1. i give her the ultimatum - pay up, or go to court and pay them...(scare her into it) - now whether i do this by first just trying to arrange a better payment plan which would suit her,
2.if she accepts, mention that i have taken advise and i will take her to small claims court if there are no payments, and the phone and laptop will need to be returned. (whether i do that immediatly or whether that would be IF she was to fail to make the payment on the agreed date)
3.If she tells me where to go, i then tell her that i have no choice but to take her to small claims court where she will have to pay them, and I will need the laptop and phone back.
4.If she then says no to the phone and laptop, report it as stolen to the police, and claim on the insurance, sell the laptop and phone that i recieve as replacement to cover the next 6 months bills until my contract runs out and then take over it myself rather than renewing my own.
5. Whether or not then i decide whether or not to take her to court or to just forget about the money.

So how do I word it, treading carefully, written in the best way so that hopefully she says yes to the payment plan and actually pays up.

Any wording or advise on the plan would be welcomed. Please try and put yourself on both sides, so that i can make sure that i dont end up with just an expensive lesson learned (although i full accept that this will 99%be the case - i just dont want to submit without a fight)

confused76

sounds like a good plan to give her one more chance to come to a more agreeable payment plan.

what does your OH think, it's his cousin isn't it? would it sound better coming from him? i know she owes you, but...? what does OH want you to do?

DarkConvict

I would go with a letter approach,

Letter 1

Your Address
Date
Her Address

Hi, As you are aware you asked me to take on contracts on your behalf for a mobile phone and laptop, you should have made payments to repay these to me but have failed to do so after several requests. If you are unable to pay me these debts can you please explain why as you have previously never given a reason. I would appreciate a reply by letter before XX-XX-XXXX(date).

Letter 2

Depends on the response, but would be along the lines of i have recieved your response (or lack of) and have decided that i am persuring court action via a small claims court. This is your final chance to offer payment of (a fair amount per month), I would appreciate a reply by letter before XX-XX-XXXX(date). If i do not hear back from you i will file for CCJ against you at the local county court.

Any good?