Loan to a friend - sufficient for court?

robatwork

All about proof.

You seem to have proof of the loan - a cheque or withdrawal from your bank at the appropriate time?

You have proof she admits she owes you money - FB messages

Do you have proof of the £70,000 inheritance? Written, not hearsay

Then you will need to get your money once you have judgement.

Don't let her get away with this though - although for your peace of mind you should let it go, you should at least make her stand up in court and defend it.

poppasmurf_bewdley

Court costs would be, as stated above, in the region of £90.

It's worth that just to trash her credit record for the next six years.

Gaz83

robatwork wrote: »

All about proof.

You seem to have proof of the loan - a cheque or withdrawal from your bank at the appropriate time?

You have proof she admits she owes you money - FB messages

Do you have proof of the £70,000 inheritance? Written, not hearsay

Then you will need to get your money once you have judgement.

Not necessarily.

The loan is to be repaid when the ex-friend is "able" to do so. There's no timescale. If the ex-friend can prove she isn't able to, then there's no grounds for repayment.

robatwork

Gaz83 wrote: »

Not necessarily.

The loan is to be repaid when the ex-friend is "able" to do so. There's no timescale. If the ex-friend can prove she isn't able to, then there's no grounds for repayment.

Quite - if he can prove that she recently got a £70,000 inheritance, the court may well decide she's able to, whatever she says.

ReadingTim

robatwork wrote: »

Quite - if he can prove that she recently got a £70,000 inheritance, the court may well decide she's able to, whatever she says.

The £70k inheritance could well be hearsay/gossip or Chinese whispers; and besides, if the friend had existing debts of £70k or more, the inheritance is already spent - don't forget the friend was said to be in desperate need when the £1,500 was lent.

Anyway, the main problem is that there was never any agreement as to the timetable for repayment, only "repay when able", and as yet, the OP's friend does not feel "able". For the action to succeed, the OP would need to prove:

1 - existence of the debt
2 - ability of the friend to repay
3 - a deadline by which to repay
4 - failure of the friend, despite ability, to repay by the deadline.

So far, they can only properly prove the first....