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Getting Money back from Friend

vazz007
vazz007 Posts: 1 Newbie
Ninth Anniversary Combo Breaker
Hi All,

I am in need of some advice, before you all say "what an idiot" please dont as i already been told this by everyone i know.

Long story short i gave my barber of 15 years, someone i knew, £2250 for 5 tv's, he told me he gets samsung tvs from holland through his best friend who is a regional manager for samsung, i believed him and 2 months later no tv's no money.

He guaranteed my money for me before i gave it to him and has not delivered on his promise, he has been saying the guys have messed him about he sorry and will give me the money back, but 2 months have passed with no money.

What can i do, i have all the text messages from him which prove what he offered and that he guaranteed my money.

I learnt he is a coke addict. i didnt know this but people who know him say he is.....

This is causing me big stress,.

I know dont believe anything that is too good to be true..but i been going to him for 15 years. His dad owns the shop and i didnt think he would ever rip me off
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Comments

  • madmonkey01
    madmonkey01 Posts: 72 Forumite
    Do you actually have anything in writing? i have heard of text messages being disregarded as evidence in a case like this.

    to get the money back through a court you would at the very least need to

    prove that he had the money. Pay with Cheque/ money transfer, its easy, but if you gave him cash its hard.
    prove it was a loan and not a gift.
    but as you were lending it to essentially buy illegal TVs any judge mat not be too sympathetic.
  • LovelyLeeds
    LovelyLeeds Posts: 584 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    edited 9 July 2011 at 8:05PM
    So you were funding an alleged cocaine addict to 'buy' 5 TVs from Holland from a regional manager of Samsung.
    If you take him to Court you could end up wth an aiding and abetting charge.
    That's a lot of free hair cuts you're owed.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Ouch - this is not going to be easy. Free haircuts for 10 years?

    The problem is I'll bet he hasn't got it and has blown it (or you'd have it back by now?), and once money is spent it's very hard indeed to get back. Do you think he has any cash?

    You could take him to court (moneyclaimonline.gov.uk), but need to send him a 'letter before action' (formal letter with a date to pay you back before you start court action). Once you do, you can have a CCJ against him, and then you can ask the court to instruct bailiffs, but if he hasn't got assets, there isn't much they can do.
  • pvt
    pvt Posts: 1,433 Forumite
    Lovelyleeds and Madmonkey,

    What makes you suggest there is anything illegal or inappropriate about buying TVs from a Samsung employee in Holland? It may be an older, superceded model that the company is offering its own employees there very cheaply.

    Vazz,

    It's going to be hard to get your money back through the courts, it's probably spent, and a victory in court is far from a return of your money if he has no assets.

    pvt
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • DarnIt_3
    DarnIt_3 Posts: 294 Forumite
    You could go to the police but to be honest you really wouldn't stand a huge chance of anything coming of it.
    He could argue it was an investment or a gift.

    My suggestion is getting something in writing, whether you trap him etc, email him get him to admit that the money was a loan, facebook, anything even record phone calls. As soon as you have this...take him to court!

    I do really feel for you, I have previously loaned friends money not substanitial amounts, but I always work under the belief that they are never going to pay me back....because possession is 9 10th of the law! Sorry.
    29th June -Beginning Credit Score 422 :( £2575
    12th July - Credit score 471 :p
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  • LovelyLeeds
    LovelyLeeds Posts: 584 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    pvt wrote: »
    Lovelyleeds and Madmonkey,

    What makes you suggest there is anything illegal or inappropriate about buying TVs from a Samsung employee in Holland? It may be an older, superceded model that the company is offering its own employees there very cheaply.
    Wasn't expecting to do my 'Come Dine With Me' commentator's impression tonight, but here it is...
    .
    .
    .
    'yessssssssssss' (hereby wasted if you don't watch it)
  • gldubli
    gldubli Posts: 17 Forumite
    If you got a contract with him, go to people who can bring that money back to you... if not it will be criticaly
  • paddyrg wrote: »
    Ouch - this is not going to be easy. Free haircuts for 10 years?

    The problem is I'll bet he hasn't got it and has blown it (or you'd have it back by now?), and once money is spent it's very hard indeed to get back. Do you think he has any cash?

    You could take him to court (moneyclaimonline.gov.uk), but need to send him a 'letter before action' (formal letter with a date to pay you back before you start court action). Once you do, you can have a CCJ against him, and then you can ask the court to instruct bailiffs, but if he hasn't got assets, there isn't much they can do.

    No such website - I've just tried it.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • diable
    diable Posts: 5,258 Forumite
    So you were funding an alleged cocaine addict to 'buy' 5 TVs from Holland from a regional manager of Samsung.
    If you take him to Court you could end up wth an aiding and abetting charge.
    That's a lot of free hair cuts you're owed.

    I doubt it, less of the dramatics.....
  • FATBALLZ
    FATBALLZ Posts: 5,146 Forumite
    I think you're !!!!ed on two fronts:

    a) It sounds unlikely you'll get a court to believe you have a legally binding agreement in which he owes you money
    b) This guy has no money because it all went up his nose, so even if you won in court he'd never have to pay you
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