Reclaiming money loaned to individuals, etc

fullingdale

The basic details of my dilema is that for a period of 12 months, I shared a house with my partner and her brother, equally sharing the costs of the rent, food and domestic bills, etc., During the last three months the brother was made redundant and found himself in financial difficulty, unable to contribute towards the household bills and rent.

Since going our separate ways, he has now found employment but failed to show any intention of repaying the money that he owed to me, which is around £1300 (amounting from 3 months bills, rent and a one-third share of the deposit that was lost), in fact, the situation is now at the point where communication just doesn't happen.

I am wondering if I can push this through the small claims court procedures and what the chances of any success might be? I guess that the downside for me, is that the property was rented in my name, as were the bills for the house. I don't think (though I can check) that my partner and the brother were mentioned on the tenancy agreement.

If anyone can offer advice on this, in particular any advice from experience and/or tips on how to "best" proceed, I would greatly appreciate it. Also, if there's a better place to ask this question, then I would appreciate some direction for that.

Many thanks in advance.

pinkshoes

The general phrase is "never lend what you can't afford to lose".

Was there any written agreement at the time that you would pay for him, and he'd pay you back when he got another job?

Have you directly asked him for the money back? Sent a polite friendly letter to him, gently reminding him you paid his share of the rent and bills, and would it be possible to now have it back. Perhaps even give a reason for WHY you need it i.e. is not having this money preventing you from doing something?

By all means try and claim through the small claims court, but is it worth causing a rift between your OH and her brother? It could put a strain on your own relationship.

fullingdale

My partner is more annoyed with him, than I am ... since he's shown his true colours. I just wonder how many cases are brought to small claims where the dispute is between family/friends and that there is little "actual" evidence.

I wonder if I could write to him and drop a period SMS text to him ... perhaps encouraging enough of a reply that would give me some supportive evidence.

Errata

You could take him to the small claims court with the case being proved in your favour and you still wouldn't necessarily get your money.

pinkshoes

fullingdale wrote: »

My partner is more annoyed with him, than I am ... since he's shown his true colours. I just wonder how many cases are brought to small claims where the dispute is between family/friends and that there is little "actual" evidence.

I wonder if I could write to him and drop a period SMS text to him ... perhaps encouraging enough of a reply that would give me some supportive evidence.

I'd first try writing to him, really politely, telling him you need the money for <insert valid reason>, and that you'd appreciate it if he could pay you back by the end of April. Give him a couple of days to reply. Is there any way you could tape the conversation if he phones you? If he doesn't reply, go round to see him and ask if he got your letter, and ask him to his face (politely) if he'll give you the money. Put a Dictaphone in your pocket to record the conversation.

If for any reason he says he won't, then (still politely) tell him that if that's the case, then you'll have to take him to the small claims court for the money, because it's really unfair for him not to pay it back.

If you go to the claims court and win (don't know if you can use recorded conversations - check this!), then there's still a chance he won't pay up, so you'd have to take further action.

Good luck!