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Small claims court

6 replies

MeImAllSmiles · 30/01/2007 16:37

Can I take someone to the small claims court for £2K they owe me even though we only had a verbal agreement on paying back? TIA

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funkimummy · 30/01/2007 16:44

Meim - Have you got a little more info than that? DH will know, but I just need a bit more info. You can always email me -

[email protected] if you don't want to air it in public.

Basically need to know why you lent money, who it was to and how long ago.

MeImAllSmiles · 30/01/2007 16:59

It's ok Funky. Loaned my sister £2K, oh left her, she found out he remortgaged house without her knowing, he'd been to court twice over arrears but in August he walked out leaving her with £9K mortgage arrears. We agreed to loan the £2K on the understanding it would be repaid by end of January as it was dhs tax money. She has verbally told both me and my mum that we will get the money back, but can't see it happening as she has cut contact with me for last five months (long story). That's the gist of it basically. Thanks.

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Freckle · 30/01/2007 17:10

Yes you can. However, if she claims that it was a gift, not a loan, then it's a question of evidence. Would your mum be prepared to confirm that it was a loan and that your sister told her she would pay it back?

Also, it would rather dent relationships between you (although your current relationship is perhaps not one you want to continue anyway). You can issue proceedings online - and include a claim for interest from the date the loan was due to be repaid to the date of issue.

MeImAllSmiles · 30/01/2007 17:13

Thanks Freckle. Yes my my would agree to that, also we made the cheque out to my sisters mortgage company, so hopefully that will be a bit of 'proof'. Obviously relations are bad but it is of her making, she has chosen to risk our relationship for a couple of grand! however i will write to her and tell her of the consequences of non repayment. I have written/phoned/text etc over the past few months but have been ignored. Thank you for this info.

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funkimummy · 30/01/2007 19:30

Have spoken to DH.

As Freckle says, you can take someone to court for this. Seeing as your Mum is involved too, then proving it shouldn't be a problem.

MeImAllSmiles · 30/01/2007 19:34

Thanks funki, will look into it tomorrow. V much appreciated.

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