A friend owes me money

Dovah_diva

You do seem to be ignoring the fact you could potentially lose the case. Therefore, it won't only be his time and money that would have been wasted. If he is a serial debtor, then he could be used to receiving claims against him in the post. Besides which, they aren't that complicated to defend and require little effort. He doesn't even need to leave his house.

I suspect he will state that the money lent was a cash gift. You have absolutely nothing in writing and therefore cannot prove otherwise.

My advice is that you write this money and this 'friend' off. Learn from your mistake and move on. Don't expend any more time or money on this waster.

opinions4u

Dovah_diva wrote: »

I suspect he will state that the money lent was a cash gift. You have absolutely nothing in writing and therefore cannot prove otherwise.

Well the OP could take a screenshot of the Facebook confession mentioned on the previous page.

That would convince a court on the balance of probabilities that some sort of debt exists.

HappyMJ

Dovah_diva wrote: »

You do seem to be ignoring the fact you could potentially lose the case. Therefore, it won't only be his time and money that would have been wasted. If he is a serial debtor, then he could be used to receiving claims against him in the post. Besides which, they aren't that complicated to defend and require little effort. He doesn't even need to leave his house.

I suspect he will state that the money lent was a cash gift. You have absolutely nothing in writing and therefore cannot prove otherwise.

My advice is that you write this money and this 'friend' off. Learn from your mistake and move on. Don't expend any more time or money on this waster.

I'd say it's worth starting a claim and dropping it if defended. If not defended the OP can get a charge on his house.

macman

buzbuzz wrote: »

Thanks to everyone for all the advice.

I will leave it a week or so and write him a letter as so many have suggested.

Regarding ratting him out on his wall, I did actually post something like 'oh, so you can start paying your debts off now you've bought a 42" plasma' while he was posting pictures and bragging just over a year ago. That did get a response and this is when he claimed to have set up a standing order.

I was actually talking to a very good friend of mine who he also owes money too, he's not that bothered about his £100 or so as he's quite well off, but he did say that he's heard he owes money of around £100 to several people and that the general consensus is that he sees it as his money now and that if people can lend it they can afford to lose it. It's this attitude that really gets to me, I could really do with the money right now but it is partly the principle too. I do actually think a solicitors letter or a money claim summons will at least shock him.

It ammounted to 2 holidays because he was going through a real rough patch when his mrs left him and he was lumbered with the whole mortgage payments. THe second holiday was actually booked first. I was already booked on the first holiday with other friends and I offered to lend him the money to come at the last minute. I was very clear to him that it was a loan and I would need him to pay it back. There was a few of us that were very close a few years ago, we all used to help each other out.

What I find bizzare is that certain off the cuff comments on facebook etc can get people taken to court and such, but a statement in messages saying 'as far as I'm concerned I only owe you about £800' and 'I've set a standing order up for the end of the month' means absolutely nothing.

I know it's my own stupid fault, and it's highly likely I'll never lend anyone any money again to anyone except my mum.

You are referring to criminal actions committed via Facebook?
The burden of proof in criminal cases is different to that in civil cases. You will need to prove the debt if he denies it.
Why wait another week? If you want any chance of recovering this money then you need to get on with it. A Letter Before Action is a great idea; give him 14 days and then follow up with a small claims process.
The longer you let this go on, the more he will think that he can get away with it.

worried48

I suppose you've tried the obvious - begging? "Please, my friend, I'm unemployed and I really do need that money desperately!" ?

C_Mababejive

Pay "a friend" to go and speak to him.. If he has the money to splash as per FB,he has it to pay you back. Hes not a friend. Hes a user and hes taking you for a mug. Claim back your self respect and your money.

Dovah_diva

opinions4u wrote: »

Well the OP could take a screenshot of the Facebook confession mentioned on the previous page.

That would convince a court on the balance of probabilities that some sort of debt exists.

Or the debtor could claim his FB page was hacked and he wrote nothing of the sort.

unphased

buzzbuzz. I haven't read through all the posts on this thread but I disagree with the people who say he won't pay you and that MCOL would not work for you. You will obviously lose this person as a friend for taking this course of action but what good is a friend who cheats you out of money? £1300 is a substantial sum and I think he suspects you won't take action. I have sued people through MCOL and won because I am self-employed and do it out of principle, and also got paid. Ultimately its your choice how you do it and if you do it but I would certainly challenge him face-to-face about it, then threaten him with court in his face. Losers like him need to be punished because they get away with it time and again.

Civil courts work in a different way to criminal courts. The burden of proof is not so critical. The judge listens to both (if he turns up) and weighs up who is most likely to be telling the truth and awards accordingly. If you do take action and it gets as far as court and he no shows you will win by default. Don't be put off by negative advice. Just do it. I am better placed to advise you having been through this process several times. Believe me it works. Sometimes the threat of action is enough to make them pay, especially when they receive that letter through the post from the MCOL.

Good luck!

thegrind

As he is a best friend, why don't you play him at his own game and ask for a loan of £1300 from him to cover you in your time of need. Then when he asks you for it back tell him that you are now even. If he doesn't lend you money consider your friendship ended and move on with life.