Advice - Friend refusing to pay back "loan"

Volvic

I apologise if this is in the wrong section. A friend of mine last year, was in a lot of trouble with money and unable to pay some Uni fees and was short of about a grand. Another friend saw the state she was getting herself in and offered to lend her the cash. To cut a long story short the "borrower" randomly made up an excuse one day to fall out with the person who gave her the money, and added a nice PS "You don't deserve your money back now!". Nothing happened, they didn't fall out, she just looked for an excuse. 6 months later, here we are. My friend is still a grand out of pocket and this girl is STILL not giving it back. Can anything be done about it. My friend has given up getting her money back because it's caused her so much stress over the past few months, she just can't be bothered anymore. If anyone can advise me, I'd be very grateful. I don't want my friend to give up on this!

Thank you.

DjP

Up to your friend.

So leave it.

But legally - even though it was oral - it was still a contract

But you need to prove the terms

What was the agreement - I'll pay you back whenever? As then your friend will have to prove what was understood.

Pay back when I have the money?

Pay you back when I get my next grant cheque?

Anyway the letter with the P.S. helps no end - as this is proof of the lending.

If this was an oral P.S. - you should call up and record the converstaion -

You: "when are you gonna pay back the money to x"
Her: "never - I'm not giving that ^&*% her money"

Got her.

But only do this if your friend wants you to.

I think she'd rather forget about it. So then should you.

She will get the money back - but it will take time and effort. Also there maybe things you don't know - like why she'd rather not get the money back.


x


p.s. if your friend wants to lend me £1,000 I have already worked out how to fall out with her????

Volvic

My friend has given up because she's spent 6 months chasing for it and has made herself ill over it. She hasn't just gone "Oh well too bad that's gone".

The arrangement was to pay it back when she had it. 2 weeks after she borrowed the money she decided she was moving out of the country so she obviously had the money. Another few weeks later she made a 3 grand win on a gamble so again, had the money. It's all just a silly excuse and I'm asking for help because my friend has assumed she can't do anything about it because it was an act of trust at the end of the day.

DjP

Record it

Small claims court it

Friend will get the money before it comes to court

game over


x

Sand_Man_2

smalls claims court can't do anything. as there is no hard evidence of the agreement, it can be argued that the cash sum was a gift and not a loan.

Your word against theres??

if you do go to court, it can be diffcult and you will need proof that it was a loan i.e were there any witnesses how witnesses that event when the actual cash exchanged hands

DjP

You don't need witnesses



But I did suggest this third party calls and records the conversation - to make it easier




In reality the court will decide what was likely to be the agreement - ie what's logical ... if the person claimed that £1,000 was a gift the court would be hard pressed to believe this - unless there was some service provided, they were a couple, etc.

Logic and common sense do come into a courts decision (believe it or not) so it is more than 'your word against theres'

The things you need is proof of taking out £1,000 from your bank - the court will demand to see the defences accounts - so if they have banked £1,000 at this time - game set and match.



If you were talking about £10 this would be hard not worth it - but a grand ... it's an easy win. But I don't think your 'friend' has any wish to do this - else they would have - or they would be posting here not you.

Remember it's up to them - don't bully them - as there is probably more to this than you think/know.

x

robby-01

send the boys in,usually costs about 50 quid for a quiet word.If you want more it costs more

mattymoo

Can she not be shamed in to paying up? Say down the pub with a group of friends who know about the situation. Suggest that she has played on the friendship and taken advantage and that if this is how she treats her friends, consider the friendship over.

advent1122

Reading this thread was like watching an episode of Judge Judy.

taxiphil

While the county court route isn't a guaranteed way of getting the money back, I'd say it's well worth a shot.

You can make an application to question the debtor in court and get them to admit certain facts - that the money was given as a loan, and a rough timescale was agreed for repayment, etc. Hopefully the debtor would not be inclined to tell bare faced lies in court.