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How to get my money back ?

40 replies

KrazyboutKillian · 18/08/2023 21:17

I have lent money to a friend that I am struggling to get back.
I have been very patient but I cannot afford to lose this money
if the worst comes to the worst can I apply to the courts , I’m not sure of the process
would I need to employ a debt recovery company ,

any help gratefully received.
long time user but NC for this

OP posts:
KrazyboutKillian · 01/11/2023 17:58

@DRS1970
i have email and text

OP posts:
NorthernSpirit · 01/11/2023 18:00

You can issue a Money Claim Online (MCOL) - the modern day small claims court.

It’s v easy to do (Google it), quick & cheap. Your ‘friend’ will pay all costs.

She’ll have to respond. If she ignores it - a court will automatically find in your favour & issue a payment plan. If she still doesn’t pay she’ll receive a CCJ & you can send the bailiffs in. You’ll have to pay upfront but she’ll be responsible for paying you back. You can claim interest from the date you lent her the money.

Good luck 🤞

tribpot · 01/11/2023 18:01

It looks as if your ex-friend is paying you just enough to try to keep you from going to small claims, i.e. 400 in September. Then nothing at all in October but now a promise of less than 400 sometime in November?

I would say you want the promised amount within 7 days. Don't enter into any other correspondence. If it doesn't materialise, even if she says she doesn't get paid until, say, the 20th, I would start small claims. So far you've only had 400 back out of 4K in 3 months. At that rate of progress it will be 2.5 years til the whole debt is paid - with no interest on the money in all that time.

KrazyboutKillian · 01/11/2023 18:03

@NorthernSpirit
thank you so much
I will definitely look into this
I actually don’t want interest I just want the money owed

OP posts:
KrazyboutKillian · 01/11/2023 18:06

I have already correspondence via text , big row tbh
i will have a look at all the suggested options and make a decision

OP posts:
coldcallerbaiter · 01/11/2023 18:06

You should be fine using money claim online. The only pitfall is if she said she will pay you back when eg. She sells her car or gets a settlement or such like, because if the event never happens the agreement falls down on that.

KrazyboutKillian · 01/11/2023 18:24

@coldcallerbaiter
i will get her to detail it is from salary to avoid this
thanks for the heads up

OP posts:
Mia2468 · 01/11/2023 18:32

You cant request it is deducted from her salary. If you get judgement and she then defaults, you would have to apply for an attachment of earnings order. This costs a further fee, which is added to the debt and fee incurred to issue the claim in the beginning.

KrazyboutKillian · 01/11/2023 18:37

@Mia2468
yrs I just
meant I will ask her to confirm she is paying from salary ( not a deduction by me ) and not any other monies did that may or may not appear

but going forward she won’t want her employer to know so she will be mindful of that , or maybe not ,I don’t know how clued up she is on it all

OP posts:
KrazyboutKillian · 05/11/2023 11:26

And so it goes on ..
unbelievable really
I am still reeling
coke , previous online gambling, doubt it is actually previous it is ongoing,
amazing what comes out when you have conversations with people who know her , rather than adhering to her ohh can we please keep this between us

OP posts:
TheGander · 05/11/2023 17:36

Oh dear poor you. Very hard lesson learnt. Who knows you might be doing a favour if you go after her down the legal route and confront her with the consequences of her behaviour.

PabloandGustheGreySquirrels · 05/11/2023 18:02

KrazyboutKillian · 05/11/2023 11:26

And so it goes on ..
unbelievable really
I am still reeling
coke , previous online gambling, doubt it is actually previous it is ongoing,
amazing what comes out when you have conversations with people who know her , rather than adhering to her ohh can we please keep this between us

Some people will inevitably try telling you to 'chalk it up to a lesson learnt" and ‘let it go’ but do NOT do this! She needs to face the consequences of her actions. God knows how many more people or companies she owes! The more CCJs she gets, the better. It will stop her borrowing again. It may also make her (eventually) realise how much help she clearly needs!!!!

KrazyboutKillian · 05/11/2023 18:52

Yes I will do the legal route
but I am amazed at her ability to lie and lie , then lie some more . And to somehow turn it so I am being unreasonable as ‘ she said she would pay and will , every penny ‘
just unbelievable behaviour from a long standing friend
but the coke heads are only interested in the coke aren’t they ?

OP posts:
Deathbyfluffy · 05/11/2023 18:57

DRS1970 · 01/11/2023 17:55

You will need to provide evidence it was a loan and not a gift in order to claim against her. If you don't have the
It written down anywhere you may be stuffed.

Read the thread 😊

LIZS · 05/11/2023 19:00

KrazyboutKillian · 05/11/2023 18:52

Yes I will do the legal route
but I am amazed at her ability to lie and lie , then lie some more . And to somehow turn it so I am being unreasonable as ‘ she said she would pay and will , every penny ‘
just unbelievable behaviour from a long standing friend
but the coke heads are only interested in the coke aren’t they ?

She has probably got it off to an art , you won't be the first or last. Start with a Letter Before Action, although I doubt they will care enough to bother to respond.

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