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Lending money to a friend- drawing up a contract

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lemoncake2
lemoncake2 Posts: 18 Forumite
Hi guys

I am selling my car to my friend who has agreed to pay £150 a month to me over 12 months.

We would like to do this properly and wish to draw up a contract just in case things don`t go as planned. Can anyone recommend how we would go about this? Thanks
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Comments

  • SailorSam
    SailorSam Posts: 22,754 Forumite
    10,000 Posts Combo Breaker
    I wish when i gave money to some of my family in the past i'd drawn up some sort of proper agreement.
    Liverpool is one of the wonders of Britain,
    What it may grow to in time, I know not what.

    Daniel Defoe: 1725.
  • bouncydog1
    bouncydog1 Posts: 2,696 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Why can't your friend get a loan from their bank or withdraw the money from savings to pay?

    If they haven't managed to save £1800 prior to buying a car, then once they have paid insurance etc how much chance is there of them being able to repay you?

    Read all the stories on hear about lending money to friends and family and don't do it!
  • ILW
    ILW Posts: 18,333 Forumite
    I would get them to give you 12 cheques for £150 each dated a month apart.
  • tell_it_how_it_is
    tell_it_how_it_is Posts: 555 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 29 May 2012 at 10:27AM
    Get an extra car key made before you sell, then if owt goes wrong you can take the car hostage until he coughs up. :)

    I suppose solicitor is safest, but otherwise - just my thoughts - at the very least type up a couple of letters each and sign them together, stating and including a joint friend as a witness with their signature.
    “In any moment of decision the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing at all.” - Roosevelt
  • camuk81
    camuk81 Posts: 1,559 Forumite
    Ninth Anniversary Combo Breaker
    ILW wrote: »
    I would get them to give you 12 cheques for £150 each dated a month apart.

    Sorry to pick that one apart, what if they cancel the cheques
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Don't do it.
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • ILW
    ILW Posts: 18,333 Forumite
    camuk81 wrote: »
    Sorry to pick that one apart, what if they cancel the cheques

    Cancelling a cheque is a legal breach of contract.

    Whilst not a perfect arrangement, probably just a good as getting a loan contract written up, which is unlikely to be practically enforceable anyway.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you want to do it properly, then let your friend know that they will need to pay in full at the start. The moment you hand over the log book the car is theirs and if you try to seize it you will be guilty of theft. You may end up having to take court action to get even a portion of your money.

    Fastest way to end a friendship is something like this. Either find a different seller, or have your mate find alternative financing.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
  • Do not lend more than you can afford to lose.
    'You can't change the past, you can only change the future' Gary Boulet.

    'Show me the person who never makes a mistake and I'll show you the person who never makes anything'. Anon
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You don't need any proper legal agreement. A receipt and a signed IOU for £1800 is a contract in itself. Keep hold of that and issue receipts for all the payments he makes. If he stops paying a small claims court will use the IOU as proof. You can pay a solicitor £100 if you want, but all it is, is a fancy IOU.
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