Court Action Personal Loan Interest?

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  • Arleen
    Arleen Posts: 1,164 Forumite
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    Thanks very much for that.

    I was unsure if I could even ask for an AOE as it seems to be only used for CSA or unpaid fines- it seems like a more obvious choice to me if the debtor is working?

    I do accept that because I don't have a paper contract with an end date, it will make it harder (and longer) to get back the money owed but seriously at this point even f I don't get it all back but some of it I will be satisfied.

    The person borrowed this money under false pretences and I fell for it because I trusted them.

    It is not just a case of a friend falling on hard times and needing a helping hand.

    It's part of the reason why I do not want to just wipe this debt without some sort of fight.

    This person may or may already have pulled this stunt on others...
    Perfectly fine and what I would do, but I want you to realize that, especially if he has done it before, you are almost certainly not going to see any money back. He may well go to his boss and move from employment to being self employed and now you won't see a dime, which is why AOE is generally not effective in debts like this.
    But if you are more after the retribution than potentially throwing some more good money trying to recover the good, go ahead. At least you will make his life a bit of a pain.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    As the loan was not CCA regulated, if you did obtain judgement against him, you would be able to escalate the case to the high court and send in the HCEOs, just like you see on the telly, all for £66.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Glenn_Stubberfield
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    Just another update for any who might be interested in seeing where this is going:

    Well it looks like the guy is trying to avoid paying me altogether now and the deadline I have set for payment is the 25th of April.

    I have his last known Address but I think he may have moved out.

    I understand I only need his last know Address for service of papers to be 'good' but I do have his current work Address.

    Am I able to put the work Address on the claim form and have them sent there instead or should I continue to use his last known residential Address only?

    I believe I can get permission from the court to use the work Address but I am unsure at this point if I can do that before making the claim or if it would only be a possible course of action after judgement is made?

    As in I could only ask to do that if I needed to enforce the judgement.

    Please advise.

    Thanks again

    Glenn
  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
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    My advice would be to chalk it up to experiance.

    Lending to family and friends often ends up like this, best avoided in the future no matter how sure you are the person will pay you back.
  • Glenn_Stubberfield
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    Thanks for the advice dealer wins.

    Do you know the answer to my question?

    Thanks again
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