We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
MCOL address listing fears...
mcolhelp
Posts: 2 Newbie
I have a claim for a loan that was given to someone circa 5 years ago for £2,500.
This still has never been repaid and the other person is now ignoring me. The person had since became very nasty and threatening but nothing I can prove on paper as it was all in person when I went to meet ages ago.
I was going to issue a MCOL claim, but then started to worry what to do if I felt I was in danger by having my address on a claim - what if he came to visit? More importantly, if I wasn't there and just my elderly parents were? Or should this not really be a concern of mine or is there something else I can request the court to do in terms of protection?
This still has never been repaid and the other person is now ignoring me. The person had since became very nasty and threatening but nothing I can prove on paper as it was all in person when I went to meet ages ago.
I was going to issue a MCOL claim, but then started to worry what to do if I felt I was in danger by having my address on a claim - what if he came to visit? More importantly, if I wasn't there and just my elderly parents were? Or should this not really be a concern of mine or is there something else I can request the court to do in terms of protection?
0
Comments
-
Sorry, I forgot to add - thanks in advance to those who will reply
0 -
If you knew each other well enough to loan this money, surely the other party already knows your address? If you get any threats, just contact the police.0
-
Did you have a credit licence ?Be happy...;)0
-
spacey2012 wrote: »Did you have a credit licence ?
What's the relevance of this question? Do you think it's illegal for one person to lend another a sum of money?0 -
What's the relevance of this question? Do you think it's illegal for one person to lend another a sum of money?
Yes It can be in certain circumstances, where it is not, recovery can be extremely difficult.
It is to charge interest and very difficult to recover unpaid money lent returned without a signed agreement via county courts.
Then if you have a signed agreement and no licence, you have no agreement as you had no licence to formulate a loan contract.
So catch 22 exists and if the other party denies lending the money or insists it was a gift, you are ****** .Be happy...;)0 -
But the OP wasn't asking about whether it was possible or not to recover the money.spacey2012 wrote: »Yes It can be in certain circumstances, where it is not, recovery can be extremely difficult.
It is to charge interest and very difficult to recover unpaid money lent returned without a signed agreement via county courts.
Then if you have a signed agreement and no licence, you have no agreement as you had no licence to formulate a loan contract.
So catch 22 exists and if the other party denies lending the money or insists it was a gift, you are ****** .
Nor how difficult it might be.
The OP asked about how to protect himself from the borrower should his address be revealed.0 -
There wont be a case, if it is revealed the OP claims to be owed money but has not furnished the owing party with an address to pay it to.
Well they will be, for about 20 seconds.Be happy...;)0 -
spacey2012 wrote: »There wont be a case, if it is revealed the OP claims to be owed money but has not furnished the owing party with an address to pay it to.
Well they will be, for about 20 seconds.
As long as the OP has provided bank details or a PO Box/forwarding address etc, surely that's all that matters? He doesn't necessarily have to give the debtor his personal address if there is a legitimate reason for not doing so.0 -
I doubt a case like this would be thrown out by a judge, unless op was acting in the course of business.
If he comes to your home with threatening behavior then call the police.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards