proof required for small claims court

benb76

this seems the most appropriate place to post this legal Q so I hope someone may be able to help me here.

I made a loan to help someone who had got into a financial pickle with a high interest loan and credit card debts. They have been paying me back the agreed monthly amount for the past 18 months and have now paid off over half the loan with just under 3K left to pay. However, they have now said that they will not pay anymore (I won't go into details)!

I want to threaten them with the small claims court (although would prefer for it not to go to that), but first want confirmation that I have sufficient evidence of the loan to back up my threat. My evidence is that the original payment to them was made via a bank transfer (internet banking), and their monthly repayments have been made in a similar way directly into my bank account.

So my question is, would the small claims court see my bank statements as sufficient evidence???

paddy's_mum

In short - absolutely. Put it this way ... what reason could your so-called friend give to the judge about all those payments if they were not to repay a loan. Blackmail? Proceeds of crime? A surrogate pregnancy?

Most judges are actually very sensible and I really don't think your friend would be able to hoodwink a judge in the face of all that evidence.

Emms

The fear of them receiving the papers in the first place might make them decide to pay up before it goes as far as court anyway. If they contest it and it does go to court tho I think your evidence would very much go in your favour.

Emma

Floss

You may be asked for a copy of any loan agreement, or agreement to repay quoting the total loan figure.....just in case the other party try to claim that they have repaid the loan in full.

funky-footprints

the threat in our case didnt work, and we have come to the decision that a CCJ on the records of a guy who already has about 5 wont make any difference, though i desperatly would like to proceed with what you are about to, my husband wont, he hopes that the guy he leant the money to, will one day discover he has a back bone. (in the mean time he is living in singapore with his maid and sending his daughter to private school, and has 2 - 3 flights home a year for holidays)

I believed as long as you have something in writing confirming that the person owes you money you can go ahead, we unfortunately have only what you do, copies of a bank loan, a copy of a statement showing a bank transfer from our account to his, and then irregualr payments from him to us.

If you do proceed please let us know !! I still live in hope my husband will come to his senses !!!!!

benb76

Thanks for the +ve response guys. There was no written agreement (which is one of the few naive things I've done in my life), however I've been led to believe that verbal agreements can be binding as well if there is sufficient evidence etc.

In addition to the bank statements I do have a couple of emails from her which are fairly conclusive, one informing me that she's increasing her monthly payment for a few months, the other saying that she's reducing them back to the originally agreed level a few months later. I've also emailed her receipt of payments received every month and the remaining balance of the loan.

I'm fairly sure she wouldn't want a CCJ and am hoping that the simple threat will be enough without having to issue a county court claim, let alone actually take her to court. There's always the chance that she is bluffing and that she will pay me at the end of the month anyway.

If anyone has any personal experience of a similar matter, it would be useful to hear your story.

Kimitatsu

I dont know if the court will be able to enforce the debt if there is no written agreement.

I would also check if the agreement is legally binding as there was no definition on how the debt would be paid back at what payment per month.

Whilst you can prove that you gave them the money you cannot prove that they have only paid half of the agreed amount back. I would go and see your local CAB and get legal advice first.