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Legal advice on recovering debt from neighbour

13

Comments

  • theartfullodger
    theartfullodger Posts: 15,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 February at 3:15PM
    Report for tax evasion and benefit fraud.  

    You could go small claims.  Might even get judgement in your favour (unlikely I think) but that's the easy bit.  Getting the money when they've probably no assets that aren't already hidden is the much harder bit.

    Do you know their bank details (think they'll be changing them all the time...).

    Sorry to read your story.  Good luck - a tough one... 


  • Report for tax evasion and benefit fraud.  

    You could go small claims.  Might even get judgement in your favour (unlikely I think) but that's the easy bit.  Getting the money when they've probably no assets that aren't already hidden is the much harder bit.

    Do you know their bank details (think they'll be changing them all the time...).

    Sorry to read your story.  Good luck - a tough one... 


    Tax evasion?
  • RHemmings
    RHemmings Posts: 4,894 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 9 February at 9:32PM
    Report for tax evasion and benefit fraud.  

    You could go small claims.  Might even get judgement in your favour (unlikely I think) but that's the easy bit.  Getting the money when they've probably no assets that aren't already hidden is the much harder bit.

    Do you know their bank details (think they'll be changing them all the time...).

    Sorry to read your story.  Good luck - a tough one... 


    Tax evasion?
    Cash-in-hand work was mentioned earlier on in the thread. EDIT: In the first post. 
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    you can only sue someone who has money to pay the debt as there are no debtors prison in the UK anymore.

    as they are on benefits, even if the messages are accepted as proof of the loans, which it will probably do as the courts now accept all electronic forms of communication as written communication, if there is no ambiguity, but they don't have any money to pay you back.

    so you could get the bailiffs round but they may not have anything that the bailiffs can take that is worth anything.
  • FlorayG
    FlorayG Posts: 2,208 Forumite
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    Get evidence that they are working cash in hand and then write to them detailing the loan and how you expect it to be paid back. Then verbally let them know that you have evidence of them working and let them work out the consequences of not paying back. Of course you won't be on speaking terms after this
    Or, if it's less then £1,000, just write it off (and report them for working illegally if you want to 'get your own back' because you aren't going to be on speaking terms anyway)
    Then read your Shakespeare;
    "Neither a borrower nor a lender be, for loan oft loses both self and friend"
  • Dustyevsky
    Dustyevsky Posts: 2,582 Forumite
    1,000 Posts Second Anniversary Homepage Hero Photogenic
    FlorayG said:
    Get evidence that they are working cash in hand and then write to them detailing the loan and how you expect it to be paid back. Then verbally let them know that you have evidence of them working and let them work out the consequences of not paying back. Of course you won't be on speaking terms after this
    "Not being on speaking terms" is at the low end of the spectrum in terms of potential repercussions! 
    Anyone who's been in a dispute with people of little moral fibre, will appreciate that the OP might be wise to accept the consequences of their weakness, or naivety, and move on with a lesson learned.
    "Everything's just f.....ine!"
  • Tabieth
    Tabieth Posts: 336 Forumite
    100 Posts Name Dropper Photogenic
    FlorayG said:
    Get evidence that they are working cash in hand and then write to them detailing the loan and how you expect it to be paid back. Then verbally let them know that you have evidence of them working and let them work out the consequences of not paying back. Of course you won't be on speaking terms after this
    I’d be very reluctant to do this. At best the OP won’t be on speaking terms with their neighbour. But it could easily deteriorate into threats, harassment, or even violence. I think this is bad advice. 

    I really don’t think the OP has a leg to stand on. They repeatedly lent their neighbour money with nothing in writing about when / how it would be repayed. And they continued to lend money when previous “loans” hadn’t been paid back. Unfortunately I think the OP has lost the money and has very little chance of getting it back. 
  • Lu222
    Lu222 Posts: 7 Forumite
    Second Anniversary First Post
    Since they both do work on the side,. I would have to prove it, they claim  benefits, as they told me. I sent them a message to say about installments to pay me back. I dont trust them but will wait to see what they say. 
  • Grumpy_chap
    Grumpy_chap Posts: 18,328 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Lu222 said:
    Since they both do work on the side,. I would have to prove it, they claim  benefits, as they told me.
    Focus solely on the issue that directly affects you - the recovery of the amount you lent them.
    Do not let your anger or rumours or suspicion or hearsay cloud your judgement.  Many people work and also eligible for UC or other benefits.  Leave their benefits to their DM to assess.
  • Lu222
    Lu222 Posts: 7 Forumite
    Second Anniversary First Post
    She told me she worked on the side once, she said it quietly saying if I ever wanted to do some work with her, which I politely refused. But yes I just want to get my money back, shes moved to a village quite a way off, so I have no idea of her address. I feel its looking futile. Lesson learned. But never thought she would of done this. Thank you all for your advice. 
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