Loaned £5,500 to a friend, ignored for months, what are my options

Geoff1963

Perhaps the rule on lending to friends, should be based on their financial history.
If two people have bought each other a £10 lunch every week for the past year, that is effectively a loan of £10 for a week, 26 times. It might therefore be reasonable for one to give the other say £100, which the other said they would reciprocate in a week. The size and duration of the loan, is relatively small compared to the history, like people getting in and out of a large boat don't topple it over.

A "new" friend once asked to borrow some money so they could make a journey of about 200 miles to collect some money they were owed. I said I would drive them there and back instead, and I wouldn't even ask for the fuel. It didn't happen.

MEM62

The money's gone. Chalk it up to experience.

Her parents are not engaged because they have probably already been bled dry themselves.

Your definition of 'best friend' needs re-evaluating.

[Deleted User]

Sorry but you have lost the money and will never get it back, we see similar cases on here almost day after day.

arichmond64

I'll do a small claims court case and see where it goes.

Do judges really chuck out these cases even when it's obvious to anyone that this is a loan? I mean I have texts asking for the loan, along with further texts saying "I'll pay on...., I'll pay tonight... you'll get your money back soon"?

macman

Did you lend the money to her, or to her business, and is it a limited company? If the latter, then it's no good suing her, because legally the company is a separate entity.
Did you make the payment to her personal account or a company account?
This is where it gets messy, because you have little more than a verbal contract, so the judge has to base it on 'he said/she said'. A verbal contract is equally binding, but is much harder to prove. The judge isn't going to sit there going through your text messages.
Finally, remember that winning your case does not magically return the money to you. If she, or the business, have no assets to cover the debt (or she can simply liquidate the company), then you will get nothing.
Start with an LBA and give her 14 days, then go via Small Claims.

tacpot12

The judge isn't going to sit there going through your text messages.

I think that a judge should review all the evidence - it's what we pay them for. It is reasonable for a judge to ask that the evidence be presented to them in a readily accessible form but they should read it all if it is pertinent to the case.

arichmond64

Of course I'd print out the relavent evidence, why wouldn't the judge go through written evidence of the dispute in front of him?

She is a sole trader so her and her business are one and the same.

I also realise a ruling doesn't get my money back, but I'd like to eventually get a debt collector involved, id at least feel decent abit hitting her with a CCJ if all else fails.

I don't actually believe she'd contest it in court, I'm almost certain she'd just not turn up

Candyapple

arichmond64 wrote: »

Girlfriends best friend asks to borrow £5,500 for an urgent tax bill (4th April 2017), makes an elaborate/plausible story about her being bank frauded, her parents are away in Wales (girlfriend has been so we know it's possible) and she can't contact them, so we send her the money.

How long has she been your girlfriend's best friend?

What is your girlfriend doing about the situation?

Aside from express shock, has she tried contacting the parents again to see if they would be willing to help further as in try and get her to sit down with you both or act as mediator to arrange a payment plan? Given that she is still living with parents, that means at least she is not paying rent/mortgage so should be able to pay you back (in theory) however I imagine she probably won't. Who needs enemies with best friends like that!

[Deleted User]

arichmond64 wrote: »

Of course I'd print out the relavent evidence, why wouldn't the judge go through written evidence of the dispute in front of him?

She is a sole trader so her and her business are one and the same.

I also realise a ruling doesn't get my money back, but I'd like to eventually get a debt collector involved, id at least feel decent abit hitting her with a CCJ if all else fails.

I don't actually believe she'd contest it in court, I'm almost certain she'd just not turn up

erm just turn up and tell the court she repaid you in cash on xxx date, you'd find it impossible to argue with that wouldn't you.? You have made a massive mistake, learn from it and move on is my advice, but don't feel to daft as people make the same one day after day and then suddenly appear on here seeking advice after the event.

shortcrust

As others have said, she can't just say she paid it back. She'd have to provide some evidence. A bank transfer or a withdrawal of cash for example.

Of course the judge would read the text messages. Why would anyone think they wouldn't?!