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Original poster

Suing an individual for not repaying loan

27 replies

PilatesPeach · 07/08/2021 16:03

I (stupidly) lent someone around 2k for an agreed 10 days that was the length of time we agreed. Now 2 months later, it remains unpaid. I have texts to prove it was a loan not a gift. I have been fobbed off and had various excuse but I know they are lies - they do not make sense and there have been so many different ones.

I am issuing a letter before action myself however, if the debt remains unpaid, I am going to use a firm of solicitors to issue proceedings. Question - can I recover the court fee and my legal fees from the defendant as well as the original loan amount?

thank you

OP posts:
bellalou1234 · 07/08/2021 16:05

How awful were they a close friend? I'm sure you can take to small claims court. I lent someone about 800 on a credit card, paid a fee payments then blocked me on social.media, changed phone numbers ect.. this was when we were student nurses, shes now in a seniour roll.. thief.

MarieG10 · 07/08/2021 16:09

For that amount it will almost certainly be assigned to the small claims track. You can recover the court fee but not solicitors. Just represent yourself...it's pretty easy. Just submit papers before the hearing with your claim and pictures of the texts

Original poster
PilatesPeach · 07/08/2021 16:09

a colleague - still is but they are leaving end of Sept so want to get it down and dusted before they go. I know I can take it to small claims but I want a firm of solicitors to handle it rather than me so want to know if their fees are recoverable.

OP posts:
Original poster
PilatesPeach · 07/08/2021 16:10

It is not that simple as tracing agents show they have multiple current addresses so I need to use process servers rather than just serve myself.

OP posts:
Doyoumind · 07/08/2021 16:13

You'll end up spending as much as you're trying to get back using solicitors. You can't claim for legal costs. It's just an issue for small claims. Set that in motion.

Original poster
PilatesPeach · 07/08/2021 16:17

I do not have the defendant's address and cannot obtain it as they have multiple current ones. According to the practice direction 16, the court will not issue a claim form without the defendant's current address so am not sure how to proceed - the practice direction states that the court will retain the form until the address is supplied - tracing agents have twice informed me that the chap has multiple current addresses so assumed I would have to use process servers to serve it at work although still not clear what address to enter on claim form N1. If I had an address, things would be simpler.

OP posts:
TakeYourFinalPosition · 07/08/2021 16:18

I know I can take it to small claims but I want a firm of solicitors to handle it rather than me so want to know if their fees are recoverable.

Not in the small claims court, no. It's designed so that you can handle it yourself - so if you chose to employ a solicitor to do it on your behalf, that'd be your choice, but you wouldn't be able to pass that cost on to the other side.

girlmom21 · 07/08/2021 16:30

Do you have legal cover through your home insurance? Worth considering if you can't claim costs back.

Doyoumind · 07/08/2021 16:33

Legal cover doesn't work like that.

Original poster
PilatesPeach · 07/08/2021 16:35

I checked my home insurance - yes I have cover but it covers things like employment issues, issues relating to the house, personal injury, clinical negligence and suing for consumer related issues, not in this instance.

OP posts:
RazzleDazz1e · 07/08/2021 16:36

If you are intending to use a firm of solicitors why don’t you just ask them this very question? You will then get an answer you can fully rely on.

Original poster
PilatesPeach · 07/08/2021 16:36

My main problem is lack of the defendant's address for service and I cannot get the claim form issued without it so that is why of thought of using a firm.

OP posts:
Original poster
PilatesPeach · 07/08/2021 16:37

Thank you @RazzleDazz1e I had thought of this but as I cannot contact anyone until Monday, took the opportunity to ask on here.

OP posts:
eurochick · 07/08/2021 16:48

A solicitor would be able to advise. Options are likely to be serving on each of the addresses you are aware of or serving by an alternative method (electronic service has been accepted in some circumstances).

MauveMagnolia · 07/08/2021 16:58

Are you an authorised money lender?
Did you charge any interest?

Muma1992 · 07/08/2021 17:04

You put the last known address, you're making this more stressful than it needs to be.

You dont need a solictor either. Just fill out the form yourself. You can claim back some of the fees. It will be worth it to get your 2k back.

StCharlotte · 07/08/2021 17:07

If it's a colleague, can't you just hand it to them?

TwoLeftSocksWithHoles · 07/08/2021 17:11

It's an awful situation but if you go to court I suspect that he'll probably claim he has no money and offer a pound a week, and the namby-pamby court will accept that as he's 'making an effort' and then he'll start missing payments... Angry

Original poster
PilatesPeach · 07/08/2021 17:46

@Muma1992 quite rude telling me I am making this more stressful that it need be - I do not have any address whatsever - if you read my posts you would see that I have had tracing agents on the case for his last known address and they report they have "current multiple addresses" for him.

@MauveMagnolia I am not and unaware of anything I have said to lead you to ask this - indeed if I was, I doubt I'd be asking on MN

Thank you to those who have posted helpful replies. I am an ordinary person who lent money to a colleague who has been known to me for sometime but whose address I do not know as we do not interact socially.

OP posts:
Original poster
PilatesPeach · 07/08/2021 17:48

As for handing it to a colleague - I have to prove service - this is usually where process servers come in but I posted above that under Practice direction 16 that deals with the issue of claims, the court will not issue the claim form (which it has to do before it is served) without the defendants address on it.

OP posts:
stillcrazyafterall · 07/08/2021 17:59

If you both work for the same company the company presumably must have their address- I know they can't just give you it but they would be able to give it to a solicitor?

Muma1992 · 07/08/2021 18:52

I didn't mean to be rude. You can put their work place address. It's all on the website for small claims.

prh47bridge · 07/08/2021 19:41

As others have said, this will be a small claim so you cannot recover any solicitor's fees. Court fees, yes, solicitor's fees, no. The small claims track is intended to be easy to use without needing lawyers.

PawPawPaw · 09/08/2021 22:39

Serve your notice on the defendant at work with a witness present who has agreed to sign a statement to the court confirming service.

Or pay a process server to serve it on the defendant at work.

LaurieFairyCake · 09/08/2021 22:47

I'd pay a process server to serve them at work

If they have no money, you said they were leaving work? And multiple addresses - is that a chaotic life ? Then you may get nothing, it may not be worth pursuing Sad