Advice on outstanding payments

[Fifthtimelucky]

Hi, I'm hoping for some advice here before I go to a solicitor. Apologies for the length of the post.

I own a reasonably expensive musical instrument which was bought for my daughter several years ago. We subsequently upgraded it and instead of selling the original instrument, we loaned it to someone else, for £60 a month.

That was fine originally, but they are very overdue with payments. They started off paying in advance, then swapped to paying in arrears, but are now very late and owe more than £1,000. Their preferred method of payment is by cheque, which is sent in the post. I have always dealt with the mother of the child who plays the instrument, but the cheques always come from the father.

I emailed the mother a few months ago, to remind her that there was a large sum outstanding, and received a very apologetic reply saying that her husband was away but that when he returned she would get him to write a cheque. I was tempted to reply telling her that it wasn't the 1950s, but restrained myself. I did, however, suggest that bank transfer might be more convenient and provided our bank details.

Nothing happened, so I emailed again a couple of months later. Again, I received an apologetic reply, and a query about whether I would be interested in selling the instrument and, if so, whether I would offer a discount given how much they had already paid. I asked for advice from the people who made the instrument (on its current value) and sent her their reply, saying I would offer a discount. She said she would think about it, and that she would get her husband to write a cheque, but I haven't heard since.

Last month I emailed again - a more formal email this time - saying that there was no need to decide quickly about buying it but that I was expecting her to settle the arrears immediately. I suggested again that bank transfer might be the best way of doing this and that I wouldn't want a cheque to get lost in the post.

Still no response. I confess I am losing patience and see no option to threatening legal action. I plan to send a final letter saying that if I don't receive the outstanding money by a certain date, that I will have no option but to take legal action.

Does anyone have any other ideas before I do this? Thanks.

I have no specific advice as to the legal action you would need to take (I imagine small claims court), but wondered if it is worth offering them the option of returning the instrument to you at this point and then (subject to its condition being as expected) writing off the debt. I can see that works leave you out of pocket but with solicitors letters often costing £400 or so by the time they have included initial conversations with you, any research etc it might be less costly in the long run (unless of course you are confident the family are actually good for the money and have the stamina for small claims etc)

You've been exceptionally patient. I would have snapped long ago. Letter before action and then go ahead. This should be in the Small Claims Track which means no costs so best not to use a solicitor. Speak to the CAB.

What is the instrument?

Wait £60 a month and they owe over £1000 - that's like a year and a half? Whatever the instrument is it's obviously got considerable value, it's time to stop being nice

So how much does she owe - within the limits of the small claims court? In which case you don't need to pay a solicitor, just follow the guidance online. Cheeky fucker!

Thanks, all.

I had forgotten about the small claims court (and probably under-estimated how much a solicitor's letter would be)! That sounds much more sensible approach.

The instrument is worth a little under £5,000.

Jewel encrusted harmonica?

Rather larger than that!

A harp with strings of hair plucked from the tail of a unicorn?

That would be worth a lot more than £5,000!