Lending money to friends & family

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  • joakkurt
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    Thanks a MillionDollars...

    I have contacted CAB, they say I'm legally responsible for the debt (which I know, that's why I've continued to pay it) but they don't know if I can sue her on the basis of breaching our verbal agreement. They told me to get proper legal advice, as I would have no proof that our agreement was for her to pay for it! I do have bank statements where it clearly shows her paying my account the sum of £250 per month for the first three payments, so I think that is good enough to show that the agreement was for her to pay this. If it was some sort of generous gift, why would she be paying me £250 per month ?

    I've already threatened her with legal action. I sent two letters giving her a chance to sort this out amicably, we live about 200 miles apart though so it's not easy to do a "face to face" to sort it out. I sent both letters by special delivery, but so far the Post Office have said they were delivered, but cannot come up with a signature for them.

    She is now divorcing her husband, who is mortified that she's done this, she told him the car was a hire car, not one that she'd bought with our assistance ! Coniving woman.... He's told her he won't sign their divorce papers til she settles up for the car, but he's left her now, doesn't have possession of the car, and isn't really able to help us any further.

    I think I'll just go ahead and sue for the missed payments (about £1000 plus late payment fees) and see if I can get a court hearing to obtain an order to pay. I do know where she works, so maybe I can get an attachment of earnings eventually.

    I don't know how some people sleep at nights !

    Thanks for the advice anyway ... any other good (and legal) ideas, I'd still be glad to hear them.
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    Combo Breaker First Post
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    I'd do it online.

    https://www.moneyclaim.gov.uk/csmco/guidelines_main.jsp

    easier and cheaper.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Serendipity
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    Wow, thanks for that link, Emmzi. I wonder how many other things like that are available but few people know about??
    Thanks for sharing.
    Serendipity
    - noun: Looking for a needle in a haystack and finding the farmer's daughter.
  • minx_77
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    very very very stupidly I lent my now EX boyfriend £2900 as he had lost his job at the time etc etc (long sob story). This was at the beginning of the year.

    When I could no longer help him out financially as it was causing a strain on my finances we split in April.

    I have asked him numerous times since then to pay me back set deadlines which have come and gone but he has every excuse in the book from not being in work to dying of a deadly disease.

    £2900 may not be a lot of money to some people but I lent it in good faith I don’t know how to get this money back as nagging has not resolved anything and now he is ignoring me!!


    I would appreciate any advice someone can give on how I get my money back :confused:
  • kyleheath
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    I lent my ex girlfriend £15K to clear her debts on the basis we were to get married and then the future would be debt free for us both, inevitably we split only 4 months after and now I am struggling to get this money back.

    I lent this money in good faith it was to help our future and I was also paying all the mortgage and bills, Im a fool I know!, she claims she cant get a personal loan because she only earns £16.5K but I know this cant be true.

    Do I have legal recompense for this? Does anyone know where you can get unsecured personal loans for those with poor credit ratings?

    Cheers
  • joakkurt
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    thanks for the thoughts on how to get the car back.

    In fact I now have it back and am in the process of trying to sell it. Me and my partner drove to her house early one saturday morning unannounced. We got up at 4am left our place at 5am and arrived at hers at 10am.

    She didn't answer the door, so we went to the place she works as a Nurse, explained to the receptionist that we were friends popping in unnanounced but forgot what ward she worked on, and eventually got to speak to her boss. Her boss was covering her shift, as she had reportedly phoned in sick and was at home, although I told her boss we'd just been to her house and she wasn't home....

    Armed with this info we went back to the house, and sure enough after knowing we'd been to her work, she eventually let us in. She said she couldn't afford to keep the car and would sell it and send us the money.... No chance ! Turns out too, that she'd never sent off the letter to DVLA to record her as registered keeper, so that helps me sell it quicker.

    The car isn't in VGC. She cannot find the MOT certificate, and it doesn't appear to have been serviced. Still, at least we have it back now. It's worth about £4000, but she owes £8.2k still on the loan. She knows she still has to pay the shortfall and has promised (!) to set up a monthly standing order to pay us.

    If she doesn't we can sue her, but at least we've recovered half the amount which is better than nothing.

    hey ho.... lesson learned...

    Jo
  • clintus2
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    Basically, her husband came round, told me she had MS and that they about to go to court for mortgage arrears. House is up for sale and they had a buyer. so i lent him £8000 to cover his debt with a gentlemans agreement (doh!) that whatever happened I would receive the money by Sept 15th.
    Since then there has been a falling out and we have had a letter from my Fiance's sister telling us we can whistle for the money until house is sold. (previous buyer pulled out)
    I have that letter and proof that the money went into their account.

    A debt collection agency I have spoken to will take over the collection but will not buy the debt. and charge 20% against any monies collected (gulp)

    our situation is that we have recently started our own business and have now run out of money so if we do not get the money back soon there is a chance we can lose our house!

    HELP!!!

    Clintus2
    2950 overdrawn
    3800 Visa
  • Can't your Fiance sort something out? I feel really sorry for you tho, so much for trsuting family :(
    "People fear what they don't understand and hate what they can't conquer"
  • clintus2
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    Can't your Fiance sort something out? I feel really sorry for you tho, so much for trsuting family :(


    No they aren't speaking. big rift through us helping them out.
    2950 overdrawn
    3800 Visa
  • regularsaver1
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    have they exchanged?

    i don't know the cicumstances but,
    i can't believe their attitude knowing that you helped them out
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