Owed money by friend - what can I do?

andyr1966 · 23 January 2012 at 8:51PM

Hi,

I recently bought a laptop for a friend using my debit card via the Internet and it duly arrived at my address.

My friend has been avoiding paying me for the laptop for some weeks now... however it is still in my possession.

What can I do to either get the money from my friend or return the laptop and obtain a full refund... or am I now "lumbered" with the laptop (I already have one myself).

Thank you,
Andy (on behalf of Ilona)

somethingcorporate · 23 January 2012 at 8:53PM

Any proof of this agreement between the two of you? Otherwise there is nothing you can do, especially if you still have hold of the laptop.

You are outside of the time limit (7 working days after delivery) for sending it back under DSRs. Your best bet maybe to sell it on eBay and mitigate your loss.

lateandlive · 23 January 2012 at 9:02PM

somethingcorporate wrote: »

Any proof of this agreement between the two of you? Otherwise there is nothing you can do, especially if you still have hold of the laptop.

You are outside of the time limit (7 working days after delivery) for sending it back under DSRs. Your best bet maybe to sell it on eBay and mitigate your loss.

If you bought it from a small company then, as said above, you might just have to ebay it and hope for the best!

If it came through a larger player - Currys or Comet for example, then even having bought it online, they may accept it back in store; you'd have to check their websites.

andyr1966 · 23 January 2012 at 9:06PM

Wow! Thank you for the speedy and prompt reply!

The only "proof" is that of two witnesses to the verbal agreement that was made... that the laptop was bought online with the intention of the friend to pay the money back.

lateandlive · 23 January 2012 at 9:09PM

andyr1966 wrote: »

Wow! Thank you for the speedy and prompt reply!

The only "proof" is that of two witnesses to the verbal agreement that was made... that the laptop was bought online with the intention of the friend to pay the money back.

I think what somethingcorporate is insinuating is that with people wiling to "testify" so to speak, you could always go down the small claims court route. I suppose it very much depends if you want your 'friend' to remain your friend after!

Is there an obvious reason they're not paying - have they got some kind of financial difficulty and they're a bit embarrassed to tell you, or are they just being difficult?

andyr1966 · 23 January 2012 at 9:15PM

They are being difficult/side-stepping the issue (perhaps there are personal reasons for non-payment)... I will have the opportunity to meet up with them soon at my address and discuss this... thank you for your advice - "forearmed" etc.

somethingcorporate · 23 January 2012 at 9:17PM

lateandlive wrote: »

I think what somethingcorporate is insinuating is that with people wiling to "testify" so to speak, you could always go down the small claims court route. I suppose it very much depends if you want your 'friend' to remain your friend after!

Is there an obvious reason they're not paying - have they got some kind of financial difficulty and they're a bit embarrassed to tell you, or are they just being difficult?

Yep, indeed - that was exactly what I was getting at. However, with only verbal "proof" it could easily turn into a he said / she said debate and not be an easy win in court.

Have you found out how much you can sell the laptop for? It may be easiest to flog it on and forget about this "friend". If you lose £100 or so over it consider it money well spent on knowing who your friends really are and the truth about lending money to "friends".

Sorry to not be any more positive but unfortunately it is likely to be reality and rather than making the process long and frustrating yourself it may be worth the shortcut and cutting your losses as quickly as possible (and selling whilst the laptop is unused and only a few weeks old).

rrf494g · 23 January 2012 at 9:17PM

the key element is "your friend".

what is that person saying? The point about doing favours for a friend is that there is little/no legal basis between you. Just trust. To later need a legal framework goes to the heart of the nature of the friendship. Was this a trick, a misunderstanding, changed circumstances or a planned fraud? What does this friend propose? I think those are best asked before a "forum" can give good advice. good luck.

andyr1966 · 23 January 2012 at 9:23PM

Sorry for sounding so naive in previous posts... I thought as much but did not consider the possibility that the selling chain (it has been guessed correctly) may have it back or sell on eBay... but not counting my chickens... we will see what the friend does... thank you again.

CoolHotCold · 23 January 2012 at 9:32PM

Where was it purchased from?

pinkshoes · 23 January 2012 at 9:52PM

Personally I'd phone "friend", and tell them you really need the money for the laptop, and if they don't give you it in 7 days and collect the laptop from you, then you'll have to sell it for the best price they can, and ask them for the short fall to cover any loss, and that you may have to take them to court for it if they won't pay it.