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Original poster

small claims?

10 replies

seriousone · 03/11/2011 10:46

Im hoping someone can help me with this as im not sure if there is a way to get my money back. Basically i lent someone £600 to buy themselves a television on the understanding that they would set up a direct debit into my back acc to pay the money back, various things have happened since then and 18mnths down the line i havenot seen a penny(person also owes me money i paid for a concert)now im wondering how i can go about getting this money back as its more the principle then anything as ive asked and this person tells me ill make arrangements but i never hear anything, is there a chance small claims court would take me seriously or shall i just write this offand learn from it, something i dont really wana do as this person will then do it to someone else i know ive been stupid but i felt sorry for the person at the time, feel free to inbox me and thanx for reading x

OP posts:
CogitoErgoSometimes · 03/11/2011 11:09

I would suggest talking to the CAB for advice. The trouble with verbal agreements is that it is one person's word against the other's. You say they promised to pay you back, they say 'I thought it was a gift'. Unless you've got something in writing... a text message, an e-mail, anything... it gets messy. See what CAB say.

Original poster
seriousone · 03/11/2011 11:14

thanks thats what i was thinking too unfortenly i havent goten anything in writing to say i gave them the money(wish i had now) however someone suggested on legal i could try the small claims court so am unsure really

OP posts:
fergoose · 03/11/2011 12:01

you can file online - it is very easy and straightforward.

Why don't you text or email them now asking when they will pay what they own you, and keep hold of any reply they send as this may be enough evidence.

CogitoErgoSometimes · 03/11/2011 13:19

Good idea fergoose!!! Brilliant, in fact.

fergoose · 03/11/2011 14:10

:)

Original poster
seriousone · 03/11/2011 22:16

i did this and i got no reply sadly

OP posts:
fergoose · 04/11/2011 09:15

ok then - send them a letter saying they have 14 days to pay otherwise you will start a small claim against them

and keep a copy of the letter and also keep any texts or emails they may send.

Original poster
seriousone · 10/11/2011 10:52

BUMP PLEASE

OP posts:
RockChick1984 · 11/11/2011 09:59

We had this situation and sadly were told that without any evidence that it had to be repaid we were stuck. Did you pay the money into their bank account? If not there's nothing you can do; if you have paper trail of them receiving the money from you then you can try but it's unlikely you will get very far with it. Very sorry.

youngermother1 · 14/11/2011 01:42

If you can show you lent them the money or have written evidence that they received it, then you can claim. The court will usually consider it a loan unless you have a close family relationship. Ie if it your DS or DP you will need to prove it was a loan not a gift, if a friend, they will have to prove it a gift not a loan.
However, this is only worthwhile if they have to money to repay you as it will cost to file the claim.

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