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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Demanding a loan is repaid

110 replies

Oysterbabe · 28/09/2015 17:43

At the end of June I received an email from my closest friend asking if I would lend her £1,500.00, which was the shortfall she needed to buy a house. She said that she’s currently paying £750.00 rent and her new mortgage payments would be £420.00, she’s also recently got a new higher paid job and she would be able to pay me back by the end of August. I have lent her £1000.00 in the past to buy a car when hers blew up and she paid back in instalments when she could and there was no problem.

I’m far from well off but I do have a little bit of money in savings that I am able to lend then put back into savings when paid off, so I was willing to help her out. I transferred the money to her straight away.

About a month later DH suggests that we should buy a bigger house. We have a baby on the way and whilst we had planned to stay where we are for a couple of years after considering everything we decided to buy somewhere now. I knew that paying my half of the stamp duty, solicitors fees etc was going to be tight, especially as I’m £1500.00 down but I should just about manage it.

End of August arrives and my friend emails me to say that her brother, who was also supposed to be lending her some money towards the house purchase, has let her down and she’s now £1000.00 short. She had already exchanged contracts but she was unable to complete. Basically if she couldn’t come up with the funds pretty much immediately the house would go back on the market, she’d have to pay all the solicitors costs and would be absolutely stuffed financially. She went to her bank to arrange an overdraft and was waiting for confirmation that it had gone through.

I discussed lending her another 1k with DH and whilst he wouldn’t tell me not to, it being my money after all, he was obviously not keen. However on a selfish note, if I didn’t and it all fell through who knows when she would be able to pay back the initial loan, she’d be in a real mess financially. I sent her an email to say that I wouldn’t see her lose the house and her money for the sake of a grand but at the same time my own finances were going to be pretty tight with our own house purchase and then me going onto maternity pay in the not too distant future. I said I’d lend her another 1k if she had no other options but we’d need to work out a repayment schedule. She said that if the overdraft didn’t come through in time she’d let me know and would be able to transfer the money straight back once it did or she’d set up a direct debit if for some reason she didn’t get it. Next day I get a message from her saying the overdraft still wasn’t showing on her account so I transferred the money and she completed her house purchase.

Nothing was ever mentioned again about this supposed overdraft and no money was transferred back. A couple of weeks later she sent me a message saying they were absolutely skint because of some unexpected moving expenses and could she start paying me back next month. I was a bit Hmm considering I had told her about my own finances being tight but said ok.

In the meantime DH and I have had an offer accepted on a house, the purchase is proceeding apace and we anticipate completion within a couple of months.

I’ve had a message from my friend today talking about a couple of big bills they have to pay relating to her old house, they’ve just had the final energy bills which were more than expected and they also have a big bill for storage costs for when they were between houses. She hasn’t said anything yet but I’m just waiting for her to ask for another month before she starts the repayments, I just feel like she’s building up to it.

Would IBU to say no? By a month ago she said she would repay the £1500. In fact she has repaid nothing and borrowed a further £1000. If I don’t get about a £1000 back in the next couple of months I will be short on my half of the fees. DH will be able to make up the difference but he will be pretty annoyed about it. The vast, vast majority of our house purchase has come from the equity from his property he owned when we met so I think that paying half the fees is really the least I can do. However she is a very good friend and I would feel bad about making her find me some money somehow, putting her under a lot of pressure and stress, just so my DH isn’t angry with me. At the same time I do think she is taking the piss a little bit in that she hasn’t ever said anything about what happened with the overdraft or that she was supposed to have paid me back in full by now or acknowledged the fact that the last 1k was supposed to be a very short term loan.

This whole thing is really tainting our friendship.

OP posts:
suzannecaravaggio · 11/10/2015 15:44

no Grazia the op signed a form waiving any claim on the house

Grazia1984 · 11/10/2015 15:58

No legal interst in the house is entirely different in law from a right to claim back your £1500. It means that if the £1500 is not paid you can use all legal remedies. That would include a charging order over the house although you do not have a mortgage or registered charge over it in my view. Just as if someone borrowed your car and did not return it and you sued them and their only asset was their house you could claim equity in the house without having a registered charge over it. We would need to read the document signed with the lender but a an interest in just means no ownership of or mortgage charged or secured over. It does not mean you cannot claim that asset in general debt recovery proceedings.

suzannecaravaggio · 11/10/2015 16:07

I can see that in theory she could sue her friend for the money but in practice what chance of winning the case?

There was no written agreement, no schedule of repayments agreed upon, taking a case to court would at best result in some sort of repayment schedule being imposed?

The friend could say that the money was a gift and it would be up to the OP to prove otherwise

eddielizzard · 11/10/2015 16:08

i would be pro-active and email her first. draft it tonight and send it tomorrow.

something like:

'dear x, dejavu! our house purchase is about to go through and i'm 2.5k down as a result of helping you with your house purchase. i'm now in a very difficult situation as you haven't started paying me back as we agreed. i'd like the 1k lump sum asap as discussed, and confirmation of a monthly standing order for the remaining 1.5k.'

you must remind her that she was going to pay you at least the 1k back straight away.

TendonQueen · 11/10/2015 16:20

Definitely email her now rather than waiting till payday. I like Eddie's email above.

mellicauli · 11/10/2015 17:20

Tell her that she should prioritize you above her energy bill. She can work out a schedule for repayment with the electricity people: they won't miss the money like you will.

hiddenhome2 · 11/10/2015 19:11

You will never see your money again Sad

Oysterbabe · 13/01/2017 17:46

Just to update, the remainder of the loan has been repaid today and the friendship remains in tact.

OP posts:
rollonthesummer · 13/01/2017 17:50

That's good news!

Can I ask how she paid it back-did she set up a monthly DD?

AnthonyPandy · 13/01/2017 17:57

Wow, but never ever lend her money again, it sounds like it's been a nightmare from the beginning really. Why did she take so long to repay it?

Oysterbabe · 13/01/2017 17:59

She did set up a direct debit but there was about a 6 month period in the middle of no payments, because she got made redundant, so it took a while.

OP posts:
MikeUniformMike · 13/01/2017 18:04

Oysterbabe, will you be my friend please?

Megatherium · 13/01/2017 18:10

Great. But I hope you've sworn an almighty oath never to lend to her again? You're not her private bank.

hanban89 · 13/01/2017 18:16

I would send her a text now, don't wait until she asks for an extension, saying 'hey, just want to check if your overdraft came through? It's just that I'm needing that back ASAP for mine and DH house purchase. We'll sort out a standing order for the rest if it's easier. Thanks'
Job done. And see what she replies. Try not to let things get nasty as the more distant you are as friends, the more distant you are from the money.

WhereYouLeftIt · 13/01/2017 18:16

Oysterbabe, it's taken 18 months for her to repay you. How on earth can the friendship be intact when she has taken you for such a very long ride Confused?

Gooseberryfools · 13/01/2017 18:21

That's an awful long time. Did she pay you interest?

Oysterbabe · 13/01/2017 18:30

I don't expect her to pay interest, I wouldn't ask that from a friend. I don't feel like she's taken me for a ride in taking so long to repay. It wasn't great at the time I posted but generally I think she's paid back what she could afford.
I won't lend to her, or probably anyone else, again though. I have a 1 year old now so need to be more responsible.

OP posts:
Megatherium · 13/01/2017 19:56

Really she should have offered interest. How does she know you haven't had to go into debt and pay interest yourself because you didn't have your savings?

WhereYouLeftIt · 13/01/2017 20:11

"I don't expect her to pay interest, I wouldn't ask that from a friend."
She took 18 months to repay what "was supposed to be a very short term loan." That's hardly the action of a friend. I think she's taking you for a mug.

BadKnee · 13/01/2017 20:40

You have learnt but you sound like a lovely person. Congratulations on your baby.

Pippa12 · 13/01/2017 21:09

You sound like a loyal, lovely friend. Good on you Flowers

Dutch1e · 13/01/2017 21:30

I was on the 3rd page and realised it's a zombie thread. Then the twist, an OP who actually comes back to update! Love it when that happens, thank you Smile

Bettyspants · 13/01/2017 21:43

I think that I would email her and say unfortunately I'm now in the position you were when you borrowed the first amount of money and I am likely to not be able to complete payment for our new house. I'd relied on the money being paid back earlier , can we set up a DD to start next week please? If it's £500 per month it will only take 5 months to repay me and hopefully I'll have some leeway on my purchase'

Bettyspants · 13/01/2017 21:45

Oops missed the vital update and dates!! Op your a lovely friend I can't see it being that way if I'd have been the lender

ChasedByBees · 13/01/2017 21:46

Wow she took her time!

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