Broken family relationships -so sad

go_cat

Definitely pursue this. For one it may stop them doing this to some other friend or family member.awful behaviour, they need to know they cannot get away with it

SailorSam

Could you have a case for fraud ????
Do you think the police may take over the case if they thought you'd been conned and the intention was to never repay you.

BitterAndTwisted

In order for the police to interested it would be necessary to have some proof of intention to defraud. An argument could be made that the borrower's circumstances changed which prevented them from honouring the agreement.

IF the OP has an email trail where the borrower acknowledged this was a loan and not a gift, and made mention of their intention to make repayments, then I would consider court. However if it's only the lender/sender of the emails who mentioned the "loan" part then it could be rather less clear-cut.

I believe that the cost of commencing proceedings in court depends on the value of the amount claimed. Fast-track/small claims is about £75 for debts of under £3k I think.

I'm quite enjoying the picture in my mind of these total shysters getting a CCJ

FatVonD

I remember a story, not sure if it's true, of someone needing proof that someone owed them £3,000, so they sent them a letter saying they owed them £5,000 to which they replied 'no I don't, I only owe you £3,000'. Proof on a plate

I can sympathise with you, I lent someone that had previously been a 'best' friend the money to get her Gran's house surveyed so she could buy out her sister who had jointly inherited it with her and I've not heard from her since I asked for it back (about 9 years ago.)

Mine was small enough to write off to experience but in your case I'd definitely go the small claims route.

gibson123

I can only sympathise, several years ago a very close relative, lost his job and was in danger of getting his house re-possesed. I stepped in with several thousands pounds to help get the repayments made and the house sold, so he could at least walk away with a profit (less the money repaid to me) The money came out of my daughters savings account, I was happy to live with the loss of interest and wait for payment until he got on his feet.Anyway one year later, him and his family were housed by housing association in a lovely area, he had a new job, his wife had gone from part time to full-time and I found out that he bought HIS daughter a car for her 18th birthday. In shock I called him and asked if he was now in able to pay me back, he said no way, I had a lot more money than him, and could afford to do without it. I eventually got another family member to talk to him and threaten to shame him with all our family and friends. Got my money back, but resulted in a huge family rift that has still not completely healed. The biggest problem is that half the family who don't know the full story seem to think it was caused by me, as he has told them I was pressuring him for money. (which is true but only half the story)

Welshwoofs

If you've got an email trail back and forth that talks about the loan and terms of repayment I'd seek remedy through the courts. I believe that you can go to small claims if it's under £5k - if it's over my guess is that you're going to need to see a solicitor. But you may as well do this because if you can secure a judgement against her then at least you'll see your money back, even if it's in dribs and drabs.

Yorkie1

The limit appears to be £10K now according to directgov

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195688

Welshwoofs

Yorkie1 wrote: »

The limit appears to be £10K now according to directgov

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195688

Wow that's gone up a good deal! A good thing really as the small claims court process is very easy and accessible - all the form filling can be done online these days.

PoorCharleyBear

Thanks for all your comments.

We definitely cannot afford to lose the money and we have been told 'they have arranged a mortgage but are just awaiting the money to be transferred' ...this has been the case for 2 months and they started (supposedly) arranging the mortgage many months ago.

It is a bloody harsh lesson but it shows that friendships and finances do not mix. This relationship has received a fatal blow from this loan but I do wonder if it would have gone the same way without the involvement of a loan. Strange we made the loan to help out of a desperate situation but we are now the villains asking for it back. Will they be anti Llyods/HSBC whoever when/if they hold the mortgage?

Welshwoofs

PoorCharleyBear - what I would do is write to them formally with a copy of the terms you both agreed to in your emails. Send it registered post so you'll have proof of receipt. Presumably they're not keeping to the terms and if that is the case, in your letter tell them that they must bring themselves back to the repayment point they're supposed to be at this stage and give them X days to do it. In the letter tell them that if they have failed to bring the repayment up to schedule by that date you'll be seeking remedy via court.

The following link is the Government's guide on how to make an online court claim for money:
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195688