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  • FIRST POST
    • jakesp_
    • By jakesp_ 12th Sep 18, 5:44 PM
    • 3Posts
    • 0Thanks
    jakesp_
    Lent money to a friend, how to get it back
    • #1
    • 12th Sep 18, 5:44 PM
    Lent money to a friend, how to get it back 12th Sep 18 at 5:44 PM
    As the title says I lent money to a friend back in march. This was a loan for 1,200. It was supposed to be for one week only, to help out a friend who claimed to be stuck abroad. I have repeatedly asked for the money back . So far I have got 200 back, back in april and nothing but excuses since.

    How do I go about getting the money back?
    The proof I have is text messages where he admits that it is a loan and not a gift and also the value of the loan. The texts also show that the term was supposed to be one week only and its not 6 months later.

    The only worry I have about doing a small claim is that; I wont get my money back, he'll know I've tried to take him to court and then they'll be no way of ever getting it.

    That I'll have to travel down to London, to go to a court (from Scotland) - I was a student in London at the time, now one in Scotland.

    Having to actually be in a court, as I do have some issues with anxiety.

    With the evidence I have will I be sure to get my money back? how likely is it that i'll have to go into a court, even though my evidence is him saying yes its a loan, and yes it's taken a long time to pay.

    Thanks in advance
Page 2
    • Voyager2002
    • By Voyager2002 13th Sep 18, 11:04 PM
    • 12,517 Posts
    • 8,552 Thanks
    Voyager2002
    Send a "letter before action" stating that you require return of the money and if not will commence court proceedings. That may make him return the money, and will cost you very little.

    Your next step is filing a claim: this can be done on-line and costs about fifty pounds. He will receive an official court summons and again might decide that paying you would be less trouble and stress then preparing a defence and making a court appearance. Or he might choose to ignore it, in which case you would obtain judgment by default (so a CCJ would be entered against his name).

    However, if he responds to the court papers with a defence and makes it clear that he intends to argue about it in court, then perhaps you should consider dropping the matter: there would be more fees before the actual court date, and no guarantee of winning.
    • D Jennings
    • By D Jennings 14th Sep 18, 2:40 PM
    • 12 Posts
    • 5 Thanks
    D Jennings
    If you have a huge group of mutual social network friends then i'm all for threatening to out him.
    In their shoes that could be worse these days than a physical kneecapping.
    Originally posted by superbigal36
    This all day long.
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 16th Sep 18, 12:53 PM
    • 5,306 Posts
    • 5,422 Thanks
    poppasmurf_bewdley
    If you make a claim and get a CCJ then even if he doesn't cough up the money, a CCJ, epecially an unsatisfied CCJ (if he doenst/cant pay) will cause him a lot of issues getting any sort of financial help such as mortgages loans mobile phones etc.
    So it might be worth doing it for that fact alone.
    Originally posted by AnotherJoe
    Your mate probably has all these issues anyway, which is why he needed to ask 'a mate' for the loan in the first place instead of getting a bank overdraft or a payday loan.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
    • enthusiasticsaver
    • By enthusiasticsaver 18th Sep 18, 11:53 AM
    • 7,284 Posts
    • 15,990 Thanks
    enthusiasticsaver
    I have mixed views over this. In the first place the advice is never to lend money to friends or family unless you are able and willing to never see it again. No good in this case as already done but you could chalk it up to experience and move on with your life and ditch the friend.

    On the other hand it would make me mad as anything that he can afford to repay it but is choosing not to so my actions would be perhaps first a solicitors letter which is relatively cheap saying you will be going to the small claims court. I think it can be done online unless he contests it. If this is the case it is a question of call my bluff. Maybe your threat of action will be enough to make him pay up. Outing him on social media is another option. Are you sure he can afford to repay? I find it strange he had no other way of financing his return from abroad unless he was chancing his luck. The texts will be evidence of sorts but not watertight.


    In the future don't lend. This forum is littered with posts like yours.
    Debt free and mortgage free and early retiree. Living the dream

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