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Taking family member to small claims court/loan
Hey everyone,
How you all doing?
Sorry if this is in the wrong section. Long story short my sister had always had an alcohol/mental health problems, she was getting back on track, new flat etc, I purchased her a new washer and fridge freezer via finance from AO as I have an account with them, this was set over 2 years with my sister paying £22 a month to my bank.
Sadly since then she's has gone completely off the rails, said a lot and done a lot, and I've washed my hands of her.
She won't be continuing to pay the money, would I have a case at small claims or am I better off just paying it off and forgetting about it?
Thanks
How you all doing?
Sorry if this is in the wrong section. Long story short my sister had always had an alcohol/mental health problems, she was getting back on track, new flat etc, I purchased her a new washer and fridge freezer via finance from AO as I have an account with them, this was set over 2 years with my sister paying £22 a month to my bank.
Sadly since then she's has gone completely off the rails, said a lot and done a lot, and I've washed my hands of her.
She won't be continuing to pay the money, would I have a case at small claims or am I better off just paying it off and forgetting about it?
Thanks
0
Comments
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Unless you have anything in writing to confirm that it was a loan rather than a gift it might be difficult to prove. A pattern of payments will help but it's probably not worth it.
Most of my six siblings have owed me money at some point, Two paid me back, one did when chased for the £8k she owed me although it took 8 years and the other two never did pay me back.
I wrote the unpaid ones off on the basis that falling out over it wasn't worth it, I just won't lend to them again.3 -
The stress and hassle of trying to do small claims against an unwell family member for relatively small loan for white goods I would say walk away. Keep paying and offer her avenues of professional help and then protect yourself.
A future way of purchasing white goods for lower cost is to look for second hand with guarantees or look for seconds from displays. There is an online ebay shop we use, we got a bosch washing machine dor £165 rather than £359 as it had a scratch on the side and had a tape mark from a for sale sign on the top. Both of whixh you cant see when it's under counter. Just an idea "if" these ever came up again to save on a lengthy finance arrangement.
Good luck2 -
Honestly, forget about it and move on. At max it's £528 and she might plead poverty and end up giving you £5 a month.
Write it off and crack on. Sorry to hear of your family woes though, I have similar, just because they're blood doesn't mean they're always worth it.1 -
StevenB12 said:or am I better off just paying it off and forgetting about it?
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Even if you have evidence it is a loan and not a gift it will cost you in legal costs and if she is not earning you are unlikely to get anything off her.
Write this down to experience and for anyone reading. DO NOT LEND MONEY TO FAMILY/FRIENDS THAT YOU CANNOT AFFORD TO WRITE OFF IF THEY REFUSE/CANNOT REPAY.I’m a Forum Ambassador and I support the Forum Team on the Debt free Wannabe, Budgeting and Banking and Savings and Investment boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.1 -
Taking action through the courts is just a first step, you may get a court to agree with you that she owes you the money, but then what ?
Courts are not enforcement agents, you have to escalate the matter if she won`t pay you willingly, that would involve an instruction for a bailiff to call at her address, if she hasn`t got the money, its a waste of time and effort.
These matters are seldom simple, or quick, it will likely cost you more money, with nothing in return, honestly I would not bother, just move on.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1
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