Taking family member to small claims court/loan

StevenB12

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 

maisie_cat

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.

cjdew

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 luck

Ryan_Holden

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.

MEM62

StevenB12 said:

or am I better off just paying it off and forgetting about it? 

 

This!  Taking it to court is unlikely to recover your money but is absolutely going to further damage your relationship with your sister.  It may even drag the wider members into the situation if they decide to take an opinion on the subject. 

enthusiasticsaver

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. 

sourcrates

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.