Creditor…

Chloecleo

Hi all, last year I lent a ‘friend’ £800. They needed it for their rent as had been short paid apparently. This friend then didn’t pay back in the two weeks and further went on a road trip with their partner in the uk at Christmas. Still no payment and have been informed they have filed for bankruptcy. Being made redundant last year, being disabled, and struggling to find a job, I am really upset as I thought I’d get my money back. Now I can’t do anything about my ‘friend’ as bankruptcy has been filed and accepted. but given their partner enjoyed the trip away which clearly was using my money as only a few weeks after! Can I approach their partner (who is working and lives with my friend) for repayment, as they holidayed on my money? Thank you. 

FlorayG

You can ask, but they don't have any legal obligation to repay you as it wasn't them you lent the money to; but it's worth a try as they may feel morally obliged to repay at least some. Do you have any documentation of this loan?

Brie

You can ask but they may not know about the loan.  And both friend or partner might not take your request very well.  I do hope I'm wrong but I fear that you won't be seeing anything back any time soon.  

I remember a few decades back lending my friend's partner some cash when they were broke and when I asked when I'd get it back the partner laughed at me.  My friend wasn't very appreciative of me telling her about his attitude but eventually saw him for what he was and dumped him.  

DullGreyGuy

Chloecleo said:

Hi all, last year I lent a ‘friend’ £800. They needed it for their rent as had been short paid apparently. This friend then didn’t pay back in the two weeks and further went on a road trip with their partner in the uk at Christmas. Still no payment and have been informed they have filed for bankruptcy. Being made redundant last year, being disabled, and struggling to find a job, I am really upset as I thought I’d get my money back. Now I can’t do anything about my ‘friend’ as bankruptcy has been filed and accepted. but given their partner enjoyed the trip away which clearly was using my money as only a few weeks after! Can I approach their partner (who is working and lives with my friend) for repayment, as they holidayed on my money? Thank you. 

Never "lend" money to friends or family unless you are happy never seeing it again. 

You can approach whoever you want, they can also tell you to go away, unless they signed whatever loan agreement you drew up to be a joint debtor then the debt is nothing to do with them. You also have no idea if the £800 was used for the trip or not; when the now wife and I went on our first holiday together she didnt pay a penny towards the trip other than occasionally buying some snacks to eat on route. 

Chloecleo

FlorayG said:

You can ask, but they don't have any legal obligation to repay you as it wasn't them you lent the money to; but it's worth a try as they may feel morally obliged to repay at least some. Do you have any documentation of this loan?

Is this how I reply? First time on here :-) yes, I’ve got screenshots of it all…  

Exodi

I really think approaching the partner will be a colossal waste of time. You have no way of knowing that the money you sent directly contributed towards the trip; it would inevitably be denied and your loan could have genuinely gone towards paying the rent as your friend suggested and the trip was the partners treat paid for out of their own money.

Secondly, being pragmatic here, you don't stand much chance recovering this money without the goodwill of your friend (just being realistic here). Approaching their partner for payment will almost certainly scupper your already low chances of repayment.

As often gets circulated on this forum, only lend money to friends that you'd be happy losing.

I would personally never lend money to friends - been there, done that.

It's a tale as old as time - despite initially suggesting repayment is a dead certainty and showering with you gratitude for your selfless act, it doesn't take long till they contort the situation in their minds and you're now being portrayed as nagging and/or uncaring and/or obsessed with money...

I think it's because humans in general have trouble accepting that we are in the wrong or 'bad', and will often manipulate situations in our minds till we believe we are the victim.

fatbelly

If your friend is showing onthe Insolvency Register then contact the Insolvency Service to check that you are listed as a creditor.

You will probably get nothing back but you never know.

Chloecleo

FlorayG said:

You can ask, but they don't have any legal obligation to repay you as it wasn't them you lent the money to; but it's worth a try as they may feel morally obliged to repay at least some. Do you have any documentation of this loan?

Yes, I have the texts messages where I said I’d lend it to him…

sourcrates

Moved to DFW board.

ManyWays

I doubt there is anything you can do. Your friend cannot settle this debt after bankruptcy and there is no legal reason why their partner should. Very few creditors get anything back in bankruptcy, you should not expect to get even 5% of the amount back that way.

But what is your financial situation like, do you now have problem debts yourself?