Loan to friend

BaileyOllie

Hi,  Just wanted to ask a quick question with regards to money outstanding when a friend passed away.  The family promised to pay me back and so far nothing,  not a penny,  I have even ended up with a call off the police accusing me of harrassment  for asking for an update and when I could expect any repayments,  I was more than polite .... is it worth pursuing down the small claims court.  Many thanks for reading,  please don't think I am bad for even thinking about pursuing the money it would be really useful to myself and son as I am unable to go to work as shielded with COVID and it was a loan,  all documented...

tacpot12

Yes, sue the estate in the small claims court if you have evidence that the loan was supposed to be repaid. 

BaileyOllie

do you know how I would find out the executor of the estate,  I am worried as the police were really cross with me,  even thou I explained the situation.  many thanks

Sea_Shell

Do you know that there is money in the estate to settle your loan, after funeral expenses?

What was the loan for, something tangible like a car?   How much?

BaileyOllie

t was £600 holiday spends,  I know it's not a massive amount but it is to me,  the family promised they would sort it and still nothing at all..... I am scared to even send the claim to her son as he reported me for harrassment to the police for asking for an update.....I have no idea how to find out the executor of estate

tacpot12

Do you have home insurance? If so, you might have legal cover, in which case your insurers can help you take this to court. 

The Police will have been angry because of how you approached the family. Don't approach any of them, but do send a demand for payment to The Executors or Personal Representatives of xxx, where xxx is your friend's name, to your friend's home. Ideally, you will have spoken to your insurance company first before doing anything. 

Are you prepared to take this to court? It will cost you money, and there might not be any money in the estate to pay you. 

[Deleted User]

 Do you have written evidence the loan existed?  

BaileyOllie

Yes I have evidence,  bank statements, all kinds.... I don't want it to cost me any more than the fee because I am self employed and can't work at the moment due to shielding.

Sea_Shell

It's going to depend on whether probate is required, if so then the will, if there was one, will become public.

Is there likely to be a will?  How old were they?

BaileyOllie

Don't think there was a will,  they were in their 40's

Sea_Shell

Did they own their own house?

Is this adult son still living there?

Sounds like no cash (or very little) in the estate, if they borrowed £600 from you for holiday