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

Poosmate

I really don't understand why it's ok for an 18 year old selfish, bratty, kid to rock the family boat by being completely out of order when you have done nothing wrong and just want your money and stuff back, how can that be rocking the boat?

Also, on your point number 4, if you report the goods as stolen and get replacements from the insurance, then sell them to pay for the next 6 months bills, why would you renew the contract when the current one expires? You will have sold the gadgets the services are provided for!?!?!

Poo

cheekymonkey20

he thinks i should just forget the money and its a lost cause, maybe it is, he is behind me every step of the way, but its between me and her really. I didnt tell him i lent her the money etc. if he had have known hed have said dont do it.

Just getting a breakdown off all she owes me....

And looking into the small claims so i know what im talking about, (too make her squirt her pants a little more and pay up)

Oneday77

cheekymonkey20 wrote: »

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,
Lets make an arrangement that you can afford otherwise we go to court. You will never be able to get credit for the next 6 years.
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)
The phone stays with her for the time being as trust but th elaptop goes back to you. Can you monitor the mobile usage btw, make sure she can't run up a huge bill?
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.
Take the stuff back in this case, she has no right to them
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.
They will say it's a civil matter and you gifted them. Watch your back with this they might see it as insurance fraud.
5. Whether or not then i decide whether or not to take her to court or to just forget about the money.
Make sure the court stuff isn't an idle threat, she will rip other people off in the future if she thinks she gets away with it. Also embarass her with friends and family. Big mouths tend to like people to brag too, they hate it when no-one takes them seriously.

Text her and say look we need to talk and sort something out. I took you on your word that you would pay me back. We need to come to some arrangement, do you have any suggestions?
Reply 1) Sod off - Sorry you feel like that, I didn't want it to go that way but I will be round in 30minutes with the police, after taking advice, to get my phone and laptop back. You will also receive documents requesting you appear in court over this.
Reply 2) I don't know how to pay it back, I just can't afford it. Well lets sit down and work it out. I see that £250 a month seemed high so what can you pay back?
That is my suggestion.

Broken_hearted

I may be wrong but I thought a minor could not enter a contract so any loan given to them would be unenforceable.

cheekymonkey20

i dont think i would take it to small claims, but doesnt mean i wont threaten her with it... PLUS shes too thick to know about uneforcebility on loans etc.

DarkConvict

Broken_hearted wrote: »

I may be wrong but I thought a minor could not enter a contract so any loan given to them would be unenforceable.

It wasn't taken out in her name, it was taken in his. So he is trying to recover what is owed to him by her. The problem is that he has nothing in writing to state that is money should be paid back to him, as it was taken out in her name, not given as a gift.

cheekymonkey20

I have an email saying that she will pay me back the money... and im a her dark convict lol

Oneday77

Well that is her admitting that the money is due from her, so you would have a very good case with the court if she renages on this.
Well done on approaching her again. Just stay calm, I know not easy and sort it out with her. Get any arrangement in writing and give her a reciept for everything she gives you so that both sides are being fair and transparent.

confused76

cheekymonkey20 wrote: »

I have an email saying that she will pay me back the money... and im a her dark convict lol

progress at least! as oneday says get something in writing payment amount etc good luck

cheekymonkey20

She might think im being a coward, only going through email and writing, but actually its her admiting in writing everything. Only problem now is my wording... need to put it in the best possible way