Who is liable for this debt?

Ellie3773

Hi All
I'm new on here and I have searched the boards but cannot find an answer.
Our friends son texted and said his girlfriend had kicked him out and his parents were on holiday and could he stay with us as he has nowhere to go. We agreed. He turned up without a penny to his name and a totally illegal car - no tax, no insurance and no MOT and no job. He stayed with us for about 2 weeks and we loaned him money to get his car legal, for petrol and for fares to get to job interviews. I have a breakdown of the amounts he borrowed. He then disappeared with our door keys, initially he didn't respond to calls or texts so we had to change the locks. We eventually got hold of him and he came and picked up his stuff and promised he would repay us as soon as he got paid - he didn't. He was about 26/7 years old so not a child but his mother came round and promised to repay us as soon as they had sold one of their houses. The first house didn't sell so they finally put the other house up for sale and that sold in June 2015. We texted the mother a few times but got no reply so we went round to her house and she said her son had told her that he had repaid us from a tax rebate he had got and asked us to wait until the 30th October 2015 for our money as that would give her time to get the money together and she promised to pay the debt in full. We agreed. She didn't contact us to arrange to come round so we texted her and she said she hasn't got the money and can she pay us just £50 with no indication of if or when the rest would be paid. We have said that isn't good enough and to get her son round her house on Sunday and we would come round and sort this out once and for all. Her husband (stepdad) doesn't know anything about this debt at the moment and she doesn't want him to know as she has bailed her son out several times.
It has been 2 years since the son borrowed the money and the mother thanked us for taking her son in and promised to repay us. We are not asking for anything for bed and board, our hospitality was freely and willingly given and we haven't asked for any interest on the amount borrowed and we are not asking for him to repay the few £ my husband treated him to, just the money he borrowed to get his car roadworthy and legal and for petrol and fares. My question is who do we sue the mother as she said she would pay it or the son as he borrowed the money? We have texts from both acknowledging the debt and the amount owed. We have not heard anything from the son since December 2013. It's only £445 - not a massive amount of money but it is money owed to us and we want it back. The friendship is beyond repair now so that is not a consideration in taking legal action.
Thank you for your help. Ellie.

adnanmanzoor

Amount is really low so It would be better to involve mutual friends if you have any or other neighbors to get the same back. If you are going to sue them, you may end up paying more to your solicitor. A really crude way could be to write to the employer of the guy who took money- I know this method work as social pressure from co-workers and employer is different and can get you results.

Ellie3773

Thank you Adnanmanzoor, the son is unemployed so the employer route will not work. When I say 'sue' I am talking about the small claims court and really want to know who is liable - the mother or the son? They are not neighbours and they are no longer our friends. We would not let anyone be out of pocket because they helped one of my husband's kids in their time of need.

HappyMJ

Unfortunately you'll most probably have to forget about it.

The son is liable to repay you. His parents aren't.

As the son has no money any court action is a waste of both your time and money.

Keep asking...keep hoping you'll get something but don't expect repayment.

Ellie3773

Thanks HappyMJ, we may have to forget about the money but we will try to get a CCJ against the son - it's worth the cost to feel we are doing something about it and not just being mugged off. The sad thing is we will never loan money to anyone again nor will we take someone into our home - I wish we had let him sleep in his illegal car - humpf! ��

HappyMJ

Ellie3773 wrote: »

Thanks HappyMJ, we may have to forget about the money but we will try to get a CCJ against the son - it's worth the cost to feel we are doing something about it and not just being mugged off. The sad thing is we will never loan money to anyone again nor will we take someone into our home - I wish we had let him sleep in his illegal car - humpf! ��

He's not got a job though. What would be the point? Does he even have a fixed address? If you know where he lives you may as well just knock on the door.

You need to write a letter before action detailing what's owing and that you are going to take him to court if the amount outstanding is not paid in a period of time maybe 28 days or so and give it to him before taking court action.

He promised to pay as soon as he got paid. Maybe he hasn't in all this time not got a job and therefore not been paid yet.

adnanmanzoor

Ellie3773 it is really a sad story because such things breach our trust. It may be significantly emotional for you but reality is it may be costly to recover this amount. Wait till son gets the job and continue to remind mother of her promise. After all its your money so keep chasing them.

Marktheshark

Do you have a licence to lend money ?
If not its a gift if they are not a relation.

HappyMJ

Marktheshark wrote: »

Do you have a licence to lend money ?
If not its a gift if they are not a relation.

You don't need a licence to lend money on these terms. There's no interest calculated in the loan agreement it's just the outlay the OP wants back.

Ellie3773

HappyMJ - he did have a job, but didn't pay us, he got a tax rebate a couple of months ago and lied to his mum that he'd paid us - his mum now knows he lied to her but still hasn't repaid us even though she sold her second house 4 months ago. We have told his mother that we will meet him at her house tomorrow to sort this out - I don't think he'll turn up and face us, he's a coward but we'll leave a letter with his parents if he isn't there and make sure his stepdad knows all about it - the mother wants to keep it from her husband, that is no longer an option.
Adnanmanzoor - I believe the cost is minimal if you apply online, we have written acknowledgement that this was a loan. We have been patient for 2 years and need to be proactive now - if nothing else it will stop him getting any sort of credit agreement without higher interest charges - yes, I feel used and bitter about it and won't help anyone again - they can sink or swim on their own.
Marktheshark - since when have you needed to be licensed to financially help out a friend and expect to be repaid???????
And how is it a gift to a friend but a loan to family - in my world it's the other way round, I'm more inclined to forgive money loaned to a member of my family who needs help.
I thought this forum was supposed to be helpful and friendly?

Ellie3773

Thanks HappyMJ.