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Original poster

"friend" defaulted on loan and is avoiding me

airedailleurs · 2014-09-04T12:10:20+00:00

Would really appreciate some advice here: - a few months ago a work colleague was really distressed as bailiffs were outside her house waiting to enter and take her things unless she repaid a debt. - I was really concerned for her as she has a young daughter and lent quite a large (4-figure) sum of money, and we both signed a loan agreement printed off from a legal website on internet, whereby she agreed to repay me £200 per month (she suggested the amount) by direct debit. - after only 3 months she cancelled the direct debit because £700 of unpaid council tax was deducted from her salary (the council concerned had arranged this with our employer) - she then arranged for this unpaid council tax to be repaid £100 each month, and started to pay me back again, this time at £100 per month, which already contravened the terms of our loan agreement but I was ok with this due to the council tax, but thought it odd that she hadn't mentioned this outstanding council tax debt to me. - She did not re-establish the direct debit and has paid me a total of £700 since receiving the loan, with me having to request the money from her each month. - I resigned from my job in July so we no longer see each other at work, but until this morning we were facebook friends and were in touch this way. I have been trying to contact her to see if she was in a position to make the payment due on 31st August, but she hasn't responded to my messages and has now "unfriended" me on facebook. - I can't believe that someone I thought was a friend would behave in this way; I have been nothing but generous and understanding with her. As she is not responding to my attempts to contact her to discuss an amicable way forward, do you think it's unreasonable to take legal action against her? Would appreciate your views please.

130 replies

airedailleurs · 04/09/2014 13:10

Would really appreciate some advice here:

a few months ago a work colleague was really distressed as bailiffs were outside her house waiting to enter and take her things unless she repaid a debt.

I was really concerned for her as she has a young daughter and lent quite a large (4-figure) sum of money, and we both signed a loan agreement printed off from a legal website on internet, whereby she agreed to repay me £200 per month (she suggested the amount) by direct debit.

after only 3 months she cancelled the direct debit because £700 of unpaid council tax was deducted from her salary (the council concerned had arranged this with our employer)

she then arranged for this unpaid council tax to be repaid £100 each month, and started to pay me back again, this time at £100 per month, which already contravened the terms of our loan agreement but I was ok with this due to the council tax, but thought it odd that she hadn't mentioned this outstanding council tax debt to me.

She did not re-establish the direct debit and has paid me a total of £700 since receiving the loan, with me having to request the money from her each month.

I resigned from my job in July so we no longer see each other at work, but until this morning we were facebook friends and were in touch this way. I have been trying to contact her to see if she was in a position to make the payment due on 31st August, but she hasn't responded to my messages and has now "unfriended" me on facebook.

I can't believe that someone I thought was a friend would behave in this way; I have been nothing but generous and understanding with her. As she is not responding to my attempts to contact her to discuss an amicable way forward, do you think it's unreasonable to take legal action against her?

Would appreciate your views please.

OP posts:

Original poster

airedailleurs · 14/04/2015 19:26

Hi yes apparently so Just, that's how they entice debtors to be named and shamed in public ...

Holly thanks, I'm delighted! If you told your DH about my experience with the small claims court do you think he'd go for it? Seems a bit silly to just write it off? And sounds as though the friend deserves a bit of comeuppance

OP posts:

Justusemyname · 14/04/2015 20:09

I'm pretty annoyed about that. They get away with still not paying but I suppose they get shamed too.

Original poster

airedailleurs · 15/04/2015 22:11

And the creditor gets their money back in one go rather than in monthly payments (or not at all!); I would have been happy to do it tbh!

OP posts:

Original poster

airedailleurs · 01/10/2016 08:02

Interesting update to my story...my charming 'friend' has now done a runner from the house she was renting from another friend of a friend, owing thousands in unpaid rent!

However, she had left all her paperwork behind and the landlady found my contact details in correspondence relating to the Attachment of Earnings I'd taken out and contacted me. I've helped her set one up, and when my repayments stop in a couple of months, hers will start!

OP posts:

AyeAmarok · 01/10/2016 08:14

My God.

Glad you've very nearly got your money back though!

She's a horrible person.

flanjabelle · 01/10/2016 08:15

I hope this woman learns that you can't get away with this behaviour. Good for you op. Well done for standing up for yourself. What a cheeky mare.

Optimist3 · 01/10/2016 08:19

Small claims court might be the only way if the work mediator doesn't work

Optimist3 · 01/10/2016 08:22

Sorry just read last page. Brilliant outcome. There is justice !

Original poster

airedailleurs · 01/10/2016 09:22

thanks all, just wanted to share in case anyone else is in this situation and wondering what to do!

OP posts:

tribpot · 01/10/2016 09:40

Wow - am really glad you have nearly retrieved all your cash. Sounds like you could run a business helping other people who've been conned by this dreadful woman. Will you have to find her again to retrieve the last couple of payments via AoE?

Original poster

airedailleurs · 01/10/2016 15:36

Hi tribpot thanks for your good wishes, no I won't have to chase her, just wait for the CAPS to send the last monthly cheque next month (received the penultimate one this afternoon!).

I'd be delighted to help others use the Small Claims Court system as it's worked so well for me, not sure how I'd do that though!

OP posts:

Mum4Fergus · 02/10/2016 10:11

I have money owed to me (£14K) by X (father of my DS). Only thing I have in writing is a WhatsApp message from him a couple of months ago confirming how much he still owed me with a promise to pay it all back. Relations have seriously broken down now - is the message enough evidence for me to claim via Small Claims?!

Original poster

airedailleurs · 02/10/2016 19:06

Hi mum I don't know tbh. Was the money a loan that he has stopped repaying?

I did have a signed loan agreement with the woman who stopped repaying my loan, but the Small Claims court never asked to see it. I would contact them to ask if I were you.

Good luck!

OP posts:

Mum4Fergus · 02/10/2016 19:14

I didn't give him the £14k as a lump sum...it amassed over the time we were together, nothing in writing apart from the message he sent a few weeks ago

hollyisalovelyname · 02/10/2016 19:30

My dh never got the money OP.
His friend is up s*it creek financially.
His wife still doesn't know- and still living it up ( though she has reined it in a bit)
There is no way we'll get the money at the moment.

Coconutty · 02/10/2016 19:38

This reply has been deleted

Message withdrawn at poster's request.

Original poster

airedailleurs · 02/10/2016 21:29

mum in that case I would give it a go, sounds like you have a case plus you have proof if required.

holly really sorry to hear that, but life is long and your dh's friends circumstances could change.

coco I find her behaviour quite interesting, as she is not actually getting away with it at all but she's still doing it! I do remember her saying that an ex ran off with her savings that they were due to use as a flat deposit, perhaps that really tipped her over the edge and now she is stuck in a pattern of doing that to other people? I do feel sorry for her in a way and most of all I feel sorry for her daughter. I don't know how much she is aware of.

OP posts:

cozietoesie · 02/10/2016 21:50

And you believed that?

ImSoTakei · 02/10/2016 21:53

£5700 to a work colleague?!

You obviously have more money than sense

Threebedsemii · 02/10/2016 21:58

Well done op great news!

WitchesGlove · 02/10/2016 22:44

Airedailleurs-

Fantastic story!

Do you know if you can do this to someone on benefits?

A former friend owes me £60, but it's the principle of it, I also don't have his current address, would that be a problrm?

Are private investigators expensive?

Original poster

airedailleurs · 03/10/2016 06:59

Hello witch sorry to hear that. You will need an address unfortunately as the Court will need to send stuff to him. I can't remember how much I paid for the Private Investigator but it might be worth checking. Is there any other way you can find out where he lives?

OP posts:

CauliflowerSqueeze · 03/10/2016 07:09

That woman is appalling!!! How can she live with herself? So glad you pursued it.

Summerholsdoingmyheadin · 03/10/2016 07:15

I remembered this thread and I'm so glad to see that you have almost recovered all of your money

BelfastBloke · 03/10/2016 07:27

you said MCOL has been fantastic. Could you clarify what MCOL is, please?

Well done.

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