Is there a way of claiming back money lent to a family member.

[Fryston]

Sadly, I think I know what the answer is going to be...but here goes.

Money loaned to DC in differing amounts over time. Paid through the bank.
Total £15,000.

Evidence in messages of DC agreeing to repay the money owed.

Loan started to be re-paid monthly - after a year has stopped.

Is there anything we can do?
Relationship already in pieces so the effect on it isn't an issue.

Thank you.

I think I would drop attempts to recover the debt and make an adjustment to my will that makes this more balanced for your other D.C.

Judge Rinder always says that you should get these things written down. Many years ago we asked FiL for a small loan and he not only wrote it down but worked out the interest we had to pay on the money. At least we all knew where we stood.

We did this. The relationship was over anyway because of similar entitled behaviour.
We sent a letter of intended prosecution that gave him four weeks to pay with a date at which we would institute proceedings. It held the rider that if the payment came between starting the proceedings but before court, he would also be liable for the court fees paid out.
Strangely, he was able to put the money back in my account withing four days - amazing.
We would absolutely have taken him to court.
I will never lend money again. The whole thing was heartbreaking.

Meant to add, the only proof we had was the original cheques paid out to his account and one oblique reference to the loan in a letter he had signed previously. I imagine texts etc. would be adequate proof of the loan.

@mdh2020

Judge Rinder always says that you should get these things written down. Many years ago we asked FiL for a small loan and he not only wrote it down but worked out the interest we had to pay on the money. At least we all knew where we stood.

I would agree that a written agreement is always better than a verbal one as there can then be no dispute about the fact it is a loan and the terms of that loan. In this case, the OP has text messages from her DC agreeing to repay the money, so that clearly establishes that it was a loan. Without seeing the messages in question, it is impossible to say whether the DC could persuade the court that they owe less than the OP says or that the repayment is not yet due.

usually a verbal agreement with someone regarding money loaned is enought for a small claims court, but things get very tricky when it is a parent child relationship. I think you need to pay for some legal advice on this one.

If you have something in writing then a small claims court is the way to go.. Its very cheap.

@inheritancetrack

If you have something in writing then a small claims court is the way to go.. Its very cheap.

As the amount involved appear to be £15,000, small claims is not an option.

It will be worth reminding the DC that if you pursue the matter through the courts that it will impact their ability to borrow from elsewhere. This can also mean things like stuff paid in installments like car insurance.

Sounds like you need to start legal proceedings. Maybe start with a solicitor's letter and go from there

Small claims court. You can do it all online now, and don’t actually have to go to a real life court.

If I recall, you have to contact them in writing and ask for the money - send it registered so they have to sign for receipt. You then do everything online. There are some costs associated with it, but if you win, you get these back

The court case, if you win, will prove they owe the money. They may still not pay, however. You can then escalate the case and get the bailiffs involved.

We did it a few years ago. Very simple process.

You apply online at the Government site. I