A friend owes me money

buzbuzz
buzbuzz Posts: 13 Forumite
edited 22 September 2013 at 3:39PM in Loans
Hi, not sure if this is the right forum but here goes:

One of my so called best friends owes me money. Long story short, we went on holiday twice and both times I had to lend him money to pay for hotels etc. I kept a record of the amounts.

I did keep asking him nicely when he would pay it back but havent for about 12 months as I know he was having hard times paying his mortgage.

Recently I have noticed he's been bragging on Facebook about getting new things, like a new kitchen, newly fitted out living room with massive TV, Xbox and Playstation, and phones and tablets etc. So he is substantially better off now and if he can afford to buy himself nice things he can afford to pay me back right..

So I have politely messaged him a few times and had no reply.


Now there was no written agreement but I do have a history of Facebook messages with him admitting he does owe me some money but not all of it, only about half.

Right now I am unemployed and would actually settle for the half as opposed to nothing.

I've been reading around here about my options which seem to be small claims court or filing a PCOL or MCOL claim.


Just after specific advice on how I should proceed, and if facebook messages are at least some form of acceptance that he does owe me money.

thanks,
«13

Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    buzbuzz wrote: »
    Hi, not sure if this is the right forum but here goes:

    One of my so called best friends owes me money. Long story short, we went on holiday twice and both times I had to lend him money to pay for hotels etc. I kept a record of the amounts.

    I did keep asking him nicely when he would pay it back but havent for about 12 months as I know he was having hard times paying his mortgage.

    Recently I have noticed he's been bragging on Facebook about getting new things, like a new kitchen, newly fitted out living room with massive TV, Xbox and Playstation, and phones and tablets etc.

    So I have politely messaged him a few times and had no reply.


    Now there was no written agreement but I do have a history of Facebook messages with him admitting he does owe me some money but not all of it, only about half.

    Right now I am unemployed and would actually settle for the half as opposed to nothing.

    I've been reading around here about my options which seem to be small claims court or filing a PCOL or MCOL claim.


    Just after specific advice on how I should proceed, and if facebook messages are at least some form of acceptance that he does owe me money.

    thanks,
    Go to moneyclaim and lodge a claim. The friend will then have to defend the claim. If he fails to defend you win by default. If he answers and defends you have a choice to drop the case or continue on to go to court. The decision is based on the balance of probabilities so you may win....you may not...it's up to you.

    If you do win and the defendant fails to pay then you can put a charge on his house. Then once the house is sold which could be many decades...you get your money.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 September 2013 at 10:11AM
    Messaging, Facebook...
    Call me old fashioned, but how about actually having a face-to-face conversation with him about it? At the very least, a phone call? He is apparently a best friend, after all.
    If he refuses to repay it, you'll have to take a civil action via the small claims process (assuming that the amount is within the limit-you didn't say how much). Remember that you have to prove the debt-he has to prove absolutely nothing.
    A court is not likely to take an entry on Facebook as proof of debt! Did you not even get him to sign a receipt at the very least? Do you have evidence of a transfer to his account (please don't say you handed him it in cash)?
    Of course if he has cash and no assets worth seizing, you'll get nothing back.
    No free lunch, and no free laptop ;)
  • Pound to a penny you wont be repaid anything. Chalk it up to experience and don't ever lend anyone money again is my advise.
  • stclair
    stclair Posts: 6,849 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 September 2013 at 12:11AM
    Maybe you could ask the NatWest IOU team to help :D

    https://iouteam.natwest.com/personalised.shtml

    It would be better if your friend was a NatWest customer it would have more meaning as it's really promoting the natwest app.

    I think Hipster girl is best :rotfl:
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
  • Hi thanks for all the replies. I am slowly making my way through that 77 page thread, some of the horror stories there make the £1300 he owes me seem like nothing.

    I'd actually be prepared to spend £100 on a moneyclaim, if it causes him some inconvenience. I've been chatting privately in confidence to a few other people and I'm not the only so called friend he owes money to. He owes another friend about £80 for rent, and I think he is going to pursue the money claim online. We were thinking that if 2 or 3 of us put in a claim it may have some bearing on the outcome - ??

    I know I've been done over, and that's the most annoying thing. It seems he runs debts up with friends, loan companies like the Provident, phone contracts etc then loses his job intentionally, and manages to get out of it paying them £1 a month.

    AS for contacting him other ways...I've tried that. Never answers his phone or front door. Facebook was a last resort, he does admit to the debt in the messages and promise to set up a standing order twice but never does. Then he just stops responding.

    I've loaned this guy money loads of times over the years but only small amounts upto £50 and he's always paid back so didn't bother getting him to sign anything. Yes I did just hand him cash. What a fool.

    I'd actually be happy with a charge on his house, at least it's something, as one day he is going to sell it. One question about this, the money claim FAQ refers to interest and explains how to calculate it. If we all are successful in getting a judgement, would this continue to accumulate if we did get a charge on his house?
  • If it goes to court, and he claims it was a gift, you will probably lose.

    The fact you gave him money on the second holiday, while still (according to you) being owed money from the first holiday, would suggest to the judge, that the money was a gift, rather than a loan.
  • MEM62
    MEM62 Posts: 5,254 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Your best bet is to write this off.

    You may gain some short-term satisfaction from claiming via the Court but, even if you do get judgement, you will not get your money. Your are already out of pocket and any legal action you take will cost you even more. If you want to spend money to feel better about the fact that you have been turned over the go ahead. Otherwise, draw a line, learn the lesson and move on.
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    I think you're better off forgetting about this and moving on. That's what I did.

    A friend owed me £500 ish from when I had some inheritance. Kept lending him the odd £50 and it soon added up. He paid me back about £200 then it suddenly stopped.

    Meanwhile, just like you, I saw posts about new consoles, TVs, games, phones etc., but nothing ever came my way. Last time I asked for it back (years ago now) he agreed to set up a Standing Order for £30 a month, but cancelled it after one month.

    I don't talk to him anymore. Not just over this, just don't really get on with him like I used to.
    What will your verse be?

    R.I.P Robin Williams.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    For £1,300 I'd consider the cost of a small claims process well worthwhile.
    If you can prove the claim that is.
    No free lunch, and no free laptop ;)
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