I lent my friend £6000 over 4years ago now i have recieved about half of it back but recently she is just ignoring me. I know she doesnt have a lot of money but im happy to take the odd £20 or £30 when she's got it. Now im in a bad money posistion she doesnt wanna know. Is there any chance small claims will listen to me without a written agreement between the two of us. Or do i not have a leg to stand on?
2006-12-20 06:26:43 · 6 answers · asked by piknik86 2 in Family & Relationships ➔ Friends
If you loaned her cash, without any other written proof, you may have a problem. Although, if she's paid you back about 1/2, did she possibly pay you with a check that you would have a copy of, something indicating that she is repaying a loan? Otherwise, unfortunately you really don't have a legal leg to stand on.
You may want to try to send her a written letter, maybe via email. If she responds and admits that she borrowed the money, you will possibly have ground there. Another concern is the statute of limitation, it's been 4 years, and if you haven't made any formal, written demand, the time to prosecute this may have expired.
At least you recovered some of your money. Pocket this as a lesson learned.
2006-12-20 06:36:12 · answer #1 · answered by deanie1962 4 · 0⤊ 0⤋
The small claims track of the County Court referred to already is for deciding civil law disputes. A contract has to have certain elements before it has any legal basis, and generally domestic arrangements (those with family or friends) don't count. There has to be some form of consideration which is normally absent in arrangement such as these. To explain briefly, if you go to the shops and buy a newspaper there is offer and acceptance. You take to paper to the till thus offering to buy it. The cashier accepts your payment (the consideration) and the contract is complete. Another example is hiring a tradesman to do a job of work. There is the offer, acceptance and the money you pay is the consideration. You could look at it as equal weights on scales; something from each party to the other. Now, if you can show there was consideration for the loan - such as an agreement to repay with interest - you may have a case. Remember a verbal contract is just as legally binding as a written one. In fact it need not be in writing at all, but if it is not there is a harder job proving it.
2016-05-23 01:21:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Going now would only get it thrown out of court, however, you can start creating a paper trail.
Send her a note using whatever method which is used for legal documents (It would be Registered Mail in the states) stating that you lent her the money on such and such a date, she's paid xxx off, and that you are in financial distress and need her to pay the rest. Keep a copy plus proof that you sent a copy to her.
Almost any response, short of a denial that she owes you any money, would be useful when going to court later. Several of these, either ignored or with a reply that confirms it, would strengthen your case.
2006-12-20 06:39:26 · answer #3 · answered by Radagast97 6 · 0⤊ 0⤋
If you go to small claims in UK limit is 5K no solicitors necessary and you only need to convince the judge on balance that you loaned them the amount and you could win a judgement in your favour but you won't necessarily get the money any quicker than your current £20-£30 every week.
2006-12-20 06:43:58 · answer #4 · answered by Rizzo 2 · 0⤊ 0⤋
No, you can't go to court because you have no prof. No prof no case. Just remember for the next time you lend money, if you ever want to get it back, have them sign for it. Even a hand written note saying I lent you $20 dollars is enough to go to court.
2006-12-20 06:34:50 · answer #5 · answered by harold 4 · 0⤊ 0⤋
Without receipts or a written contract, it will be very hard to prove.
It'd probably be a waste of your and lawyer's time and money. However, you could contact an Attorney to see what they have to say.
2006-12-20 06:31:26 · answer #6 · answered by Nikki 7 · 1⤊ 0⤋