Loans between friends? Ever statute barred?

Realworld

Hi ,
Long time lurker but have read some very helpful posts so thought I would see if anyone can shed some light on a problem for me?

I lent a family member of my now ex partner £8000 6 almost 7 years ago. No payment has ever been made, there is no promissory note, no acknowledgement of the debt , although I can prove it was given by bankers draft.
Said friend is refusing to pay or acknowledge the debt, but as nearly 7 years have passed would this debt be statute barred, I'm hoping not obviously as I would like my money back! I live in Scotland also, so not sure if that changes things.
Thanks in advance for any help

dealer_wins

Not sure that statute barred applies for family loans, but whether it does or doesnt you have just under a 0% chance of ever seeing your money back.

Unfortunately treat it as an expensive lesson in never lending money to friends or family.

Realworld

Thank you for the reply.
Surely the fact I can prove I gave her the money helps my case with regards getting it back?
She seems to think the fact I haven't asked for it back for 7 years means it's a gift!
Too true though, I won't be so generous again

Mara69

Realworld wrote: »

Surely the fact I can prove I gave her the money helps my case with regards getting it back?

You say it was a loan. She says is was a gift. Neither of you have any proof. Why would you be believed over her?

Apples2

Realworld wrote: »

Thank you for the reply.
Surely the fact I can prove I gave her the money helps my case with regards getting it back?

Doubt it, what if she says you were returning money she lent to you previously?

Sad fact is, nobody borrows that sum from friends (of friends) unless there are no lenders prepared to take the risk.
The real lenders knew she was never going to repay it.

Harsh lesson, which is why there is a sticky regarding lending money to family and friends on this board. It always goes wrong.

bargainbetty

Lending money without a written agreement offers no protection whatsoever. Even some written agreements between friends struggle to get recognised by the small claims court etc.

You gave her the money, and can prove it. That means completely nothing in court. The money changing hands is not in dispute. Since you have no proof it wasn't a gift, you have no proof she should have paid you back.

Sorry, you are bang out of luck.

Realworld

Wow

Expensive lesson for me then

27col

Realworld wrote: »

Thank you for the reply.
Surely the fact I can prove I gave her the money helps my case with regards getting it back?
She seems to think the fact I haven't asked for it back for 7 years means it's a gift!
Too true though, I won't be so generous again

Actually, that seems to be a reasonable assumption in the circumstances. Why on earth would you not mention it for that length of time.

Realworld

27col wrote: »

Actually, that seems to be a reasonable assumption in the circumstances. Why on earth would you not mention it for that length of time.

I didn't need the money and was still in a relationship with her family member. We split up and I now need the money.

The family members position is, if this was a loan you would have wanted payment before, not 7 years later. But she knew it had to be paid back at some point, she said when she sold her house, which she now has no intention of selling.

More fool me it would seem

DCFC79

WHy would you hand over 8k of your own money ?

Id never do it for a friend, maybe family but only if I knew I was going to get it back and on good terms with them but never for a family member of a partner, id expect them to jut deal with it.

fermi

If there was no agreement that on a determinable date the loan was due to be paid back, and basically it would be due for repayment when you got around to demanding it back, then you may find that section 6 of the Limitations Act 1980 applies.

In other words, the 6 years for the debt to be statute barred would not start until you made a demand for payment, no matter how long ago the money was originally lent.

http://www.legislation.gov.uk/ukpga/1980/58

Even if that could be said to apply, which I wouldn't like to say for certain, I suspect you are still on a hiding to nothing.

But may be worth getting a quick legal opinion?