Can you recover personal money owed with debt collector?

[TomAllenWife]

That's it really?
If you owed a friend/partner money can they instruct debt collectors?

Probably need more detail like amounts to answer but in principle I cannot see why not.

If I lent a friend several thousand and they didn't pay I'd be looking for some way to recover it. Partner as well, though I suspect if relations were at the level where such action was contemplated they's be a soon to be ex P.

Have you any proof of the loan, any signed paperwork etc?

You can use a court order which can be enforced. I don't see why it couldn;t be done but you will need something in writing about the money owed and the circumstances.

You may need a court judgement to employ a debt collector, otherwise a solicitor will be your only option.

It's my mother
Split from partner, he lent her £150 and paid her friend £300 for a Xmas break that he's not going on now due to split
Nothing in writing
He's told my mother he's instructed debt collectors to recover £450 and she's on the ceiling

I've said he's full of shit

I imagine it wouldn't be worth the expense for £450, assuming the collectors take a reasonable cut if they do recover the money.

Obviously the decent thing to do would be to pay him back but I assume that isn't an option here. She'll have to live with the stress.

If he’s got nothing in writing, confirming it was a loan, he’s got no chance in recovering it via the legal route.🙂

I suppose if it's worth parking companies while to instruct debt collectors for a £100/fine then going for them for £450 might have a chance.

For clarity here I'm talking about people who try to get payment without a court judgement. Enforcement Officers/Bailiffs instructed to recover monies found owing by the courts are a whole different question.

Personally I'd let him instruct them and make sure they don't get a penny.

In spite of the intimidating tenor of their communications and calls they're pretty toothless.

He'd have needed to go to court first and if that hasn't happened then he's just winding her up. And even if he did take her to court then he'd need some evidence that she owes the money. If he lent her money though then she should repay that really.

Morally the loan needs paid back!
As for the holiday he can either sell it on or suck it up!

It would cost him more to recover.
I'm not sure who borrows money and doesn't pay it back. Not a nice kind of person or someone I'd like to be around.

Sorry, forgot to say.
He can recover through small claims court!
Loser pays the fees.

He'd be able to use the small claims process for a fee of around £35 but he'd need proof (eg Whatsapp messages etc) that he expected your DM to pay these amounts and they weren't gifts/his agreement to pay for her (eg if she pays the bills and he pays for leisure spending).

Then if won and she didn't pay he'd be able to take it further and she'd be liable for his costs.

If she can't pay she'd need to pay in installments and he could take further action if he thinks she's refusing rather than being unable to pay.

There is a process he could follow that could get messy/expensive for your DM if he follows it through but first he needs proof that she agreed to (re)pay the money otherwise it's his word against hers.

If he loaned you mum £150, then she should pay it back.

The £300 for a holiday/break away is a bit more tricky. Could his place be cancelled, so he got a refund minus the deposit? I lost money when I couldn't go away with friends (we had rented a large house), sometimes you have to just write the things off.

She's made a plan to repay the £150
I've told her the £300 isn't her problem, it wasn't even paid to her

Exactly this. Pay back the 150 ASAP and the 300 is nothing to do with her

It's highly unlikely he can enforce the debt, but she should pay him back the 150, it doesn't suddenly become moral to rip him off because you've separated. The holiday money depends on what it went on and T's & Cs.

It's quite threatening to say he's instructed debt collectors. As these are not via a legal and regulated route as there has been no court hearing, he's making threats to send heavies. Ring Police?
It's great that she made a plan to repay the £150. Is she hand on heart prioritising this obligation over Christmas spending? She should.
If the £300 was for a holiday that was contingent on them still being a couple, which he cannot now get the benefit of, the civilised thing to do would be for her to contribute something to this.

Sooo she has received an email from a debt collector 💁🏼‍♀️
I don't understand how you can ask without any proof

It was a very strangely worded email which makes me think the person might be an old friend of his or something

From what I know, technically, if you owe someone money, they can instruct debt recovery companies London to help get it back. I’ve had a similar experience where I borrowed some money from a close friend a while back, and when I had trouble paying it back, they were understanding but did eventually look into a debt recovery service. It wasn’t an easy conversation, but the company helped both of us sort things out in a way that was fair.