Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


Lent money to a "friend"

Reply to topic
Bike Chat Forums Index -> Dear Auntie BCF... Goto page 1, 2, 3, 4  Next
View previous topic : View next topic  
Author Message

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 19:35 - 22 Oct 2015    Post subject: Lent money to a "friend" Reply with quote

Long story short, I lent someone £500 about 4 months ago. The guy promised to pay me back £100 a week for 5 weeks.

So far, I haven't seen a penny, and he keeps fobbing me off. Today, I see a post from his missus on Facebook saying "we just bought a car, aren't we clever". Clearly I'm fuming Laughing

What are my options? Negotiation isn't going to work.

Small claims court? He's one of those guys who's skint on paper, so I'm not convinced that would work either. The other thing is, he's just moved. The only address I have for him now is his mum and dad's.

Help me BCF!

inb4 "you're a mug"
 Back to top
View user's profile Send private message You must be logged in to rate posts

JP7
World Chat Champion



Joined: 22 Dec 2008
Karma :

PostPosted: 19:47 - 22 Oct 2015    Post subject: Reply with quote

Sorry to hear that. This is why I don't loan people money, it just becomes a source of misery. My mantra has always been to only lend what I can afford to lose... which generally isn't a lot. I give my time to help people out, but not my money.

I imagine the first question is whether or not you have a written agreement or "contract" of sorts with him, where he has agreed to pay you back. If he's signed an agreement then you have decent grounds to take him to court if you have to. If nothing is written down, it is very difficult to prove a case.

I'm sorry to say it and it won't help you, but it doesn't sound like you're getting your money back. It will be an expensive lesson.
 Back to top
View user's profile Send private message You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 19:49 - 22 Oct 2015    Post subject: Reply with quote

JP7 wrote:
I imagine the first question is whether or not you have a written agreement or "contract" of sorts with him, where he has agreed to pay you back. If he's signed an agreement then you have decent grounds to take him to court if you have to. If nothing is written down, it is very difficult to prove a case.


All I have are Facebook messages and some text messages - which from what I understand will help my case. There's no formal "contract" though.
 Back to top
View user's profile Send private message You must be logged in to rate posts

recman
World Chat Champion



Joined: 26 Mar 2012
Karma :

PostPosted: 19:51 - 22 Oct 2015    Post subject: Reply with quote

Ask him if he'd like to discover if his new motor is fire proof.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 19:52 - 22 Oct 2015    Post subject: Reply with quote

recman wrote:
Ask him if he'd like to discover if his new motor is fire proof.


Tempting Laughing

This is really stressful. I feel such a prick. Oh well, back to never helping anyone out, ever.
 Back to top
View user's profile Send private message You must be logged in to rate posts

SQL
World Chat Champion



Joined: 08 Aug 2012
Karma :

PostPosted: 20:00 - 22 Oct 2015    Post subject: Reply with quote

Take your new car, or the equivalent of £500 worth of damage then write the debt off
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:02 - 22 Oct 2015    Post subject: Reply with quote

I'd really rather get the money back to be honest. I took him at his word when I lent it to him (silly me), but I could really do with that cash right now.
 Back to top
View user's profile Send private message You must be logged in to rate posts

arry
Super Spammer



Joined: 03 Jan 2009
Karma :

PostPosted: 20:09 - 22 Oct 2015    Post subject: Reply with quote

You have no leverage without getting violent or vengeful or both. Be clear about what you're prepared to do to get that money.

Otherwise - suck it up and it's one other person that you don't need in your life fucking you over
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:11 - 22 Oct 2015    Post subject: Reply with quote

I won't be getting violent. But vengeful works.

I mean, surely small claims court will work? But I don't know how they'd actually enforce payment.
 Back to top
View user's profile Send private message You must be logged in to rate posts

arry
Super Spammer



Joined: 03 Jan 2009
Karma :

PostPosted: 20:14 - 22 Oct 2015    Post subject: Reply with quote

Did you get a written contract then?
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:17 - 22 Oct 2015    Post subject: Reply with quote

arry wrote:
Did you get a written contract then?


Surbitom wrote:
All I have are Facebook messages and some text messages - which from what I understand will help my case. There's no formal "contract" though.
 Back to top
View user's profile Send private message You must be logged in to rate posts

BakesBeans
Spanner Monkey



Joined: 14 Aug 2012
Karma :

PostPosted: 20:19 - 22 Oct 2015    Post subject: Reply with quote

I would have shamed them on Facebook!

Seriously, never ever ever lend money unless you are prepared to never see it again. I have so many examples of this happening to other friends over the years.

All you can do now is keep badgering him for the money... you won't succeed at court as he will only argue it was a gift, if he received at all.


Recently my good friend wanted me to re-mortgage my house to lend him a deposit on a farm, yet he would have never been able to afford to pay interest to me... 'ah but you'll get capital appreciation' when we sell...

When that was a no go, it was investing in a race horse. Fucking serious! He was never good at money.

Oh, and now he's separated from him missus and she's screwing him; I have no doubt she would have tried to screw me.
____________________
Current: Kawasaki ZX636
Previous Bike: Honda CBR600F ABS, Yamaha XJ6 F Diversion ABS, Honda VFR400 NC30


Last edited by BakesBeans on 20:23 - 22 Oct 2015; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:21 - 22 Oct 2015    Post subject: Reply with quote

BakesBeans wrote:
All you can do now is keep badgering him for the money... you won't succeed at court as he will only argue it was a gift, if he received at all.


Even if there are Facebook messages and text messages showing an intention to repay what is clearly a loan?
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 20:26 - 22 Oct 2015    Post subject: Reply with quote

BakesBeans wrote:
I would have shamed them on Facebook!

Why?

BakesBeans wrote:
you won't succeed at court

Why not?


BakesBeans wrote:
as he will only argue it was a gift, if he received at all.

He can argue anything that he likes.

Feel free to do anything that you like to get him on record, preferably with independent witnesses, confirming that it was a loan and that he received it.

Then letter before action, and small claim. Serve to his parents' address, screw them for raising him. Expect him to kick off at that point, and be ready to record it.

Be prepared for a long process, and at each stage weight up whether you should make further payments in order to try and recover it all.

You mug.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

BakesBeans
Spanner Monkey



Joined: 14 Aug 2012
Karma :

PostPosted: 20:27 - 22 Oct 2015    Post subject: Reply with quote

Surbitom wrote:


Even if there are Facebook messages and text messages showing an intention to repay what is clearly a loan?


Is the agreement absolutely clear?
I take it you don't have a signed agreement?

He could easily argue he never sent those messages, and it was his mate... etc etc. But if it does go to small claims court, your relationship will go sour anyway.

I still say it's easily to keep badgering him into it.

Edit: When I say you won't succeed at court, I say that because it's easy to get out of it if he's smart - hence no written signed agreement.
____________________
Current: Kawasaki ZX636
Previous Bike: Honda CBR600F ABS, Yamaha XJ6 F Diversion ABS, Honda VFR400 NC30
 Back to top
View user's profile Send private message You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:30 - 22 Oct 2015    Post subject: Reply with quote

Rogerborg wrote:
Feel free to do anything that you like to get him on record, preferably with independent witnesses, confirming that it was a loan and that he received it.

Then letter before action, and small claim. Serve to his parents' address, screw them for raising him. Expect him to kick off at that point, and be ready to record it.

Be prepared for a long process, and at each stage weight up whether you should make further payments in order to try and recover it all.


I've been trying to get him to write stuff down, albeit only on Facebook. I can't think what else to do at this stage.

What's a "letter before action"? Is there a formal process to follow?

Also, let's say it goes to small claims court, and they find in my favour. If the guy says he is unable to pay, can they enforce it? I'd love them to seize the car and sell it.

The other thing is that I gave him £300 in cash (which I withdrew from a cashpoint), and transferred the rest as a bank transfer on the same day. These are highly unusual transactions for me - I never use cash, and I never make bank transfers to individuals.

BakesBeans wrote:
Is the agreement absolutely clear?


Not really. It's just me saying "where's the £500 quid you owe me?" and him saying "cheque's in the post" - over and over again.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Pete.
Super Spammer



Joined: 22 Aug 2006
Karma :

PostPosted: 20:32 - 22 Oct 2015    Post subject: Reply with quote

File a claim or write it off. He's not going to pay you. If you write it off, make sure you do it to his face ever so sweetly. Something like "It's obvious you need the money more than me so tell you what you can keep it with my blessing".

Then think about how you're going to get 500 quids worth of satisfaction.
____________________
a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:33 - 22 Oct 2015    Post subject: Reply with quote

Pete. wrote:
File a claim


But will it work? What can I do to maximise the chances of me getting the whole lot back?
 Back to top
View user's profile Send private message You must be logged in to rate posts

BakesBeans
Spanner Monkey



Joined: 14 Aug 2012
Karma :

PostPosted: 20:38 - 22 Oct 2015    Post subject: Reply with quote

Do a letter before action first. This is a letter - by post not facebook - to his address saying pay me within 28days or I will take you to court.

When do a small claims application, and argue your case.

If you win, and he doesn't pay within the given time, you can get it registered as a CCJ. Then he will have problems getting credit.

Forget about seizing cars etc, you will easily spend more than £500 chasing it. Is it actually his at all? His wife's (so you can't touch it)? Or is it a lease/PCP/Hire purchase, hence not his.

The only way to get rid of the CCJ is to pay it, or go bankrupt.
____________________
Current: Kawasaki ZX636
Previous Bike: Honda CBR600F ABS, Yamaha XJ6 F Diversion ABS, Honda VFR400 NC30
 Back to top
View user's profile Send private message You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:40 - 22 Oct 2015    Post subject: Reply with quote

BakesBeans wrote:
Forget about seizing cars etc, you will easily spend more than £500 chasing it. Is it actually his at all? His wife's (so you can't touch it)? Or is it a lease/PCP/Hire purchase, hence not his.


It's his.

I will probably send a letter and tell him what I'm planning to do. Hopefully his mum will find out and freak out enough to pay up.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Pete.
Super Spammer



Joined: 22 Aug 2006
Karma :

PostPosted: 20:40 - 22 Oct 2015    Post subject: Reply with quote

Will it work? Probably, given you have it on record that he admits you owe him. Will you get your money back? Quid a week, if you're lucky.

Having anew car doesn't mean he's got any money to pay back in fact most people could get a new car on the strap if they could scrape together, say, £500 deposit.
____________________
a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :

PostPosted: 20:41 - 22 Oct 2015    Post subject: Reply with quote

Just cost you £500 to find out he's not your friend.

It would also appear he thinks you're a silly cunt so possibly worth the money never to see or hear from him again? Unfriend, write-off, don't look back. You can do without people like that in your life.

It's a cheap lesson at only £500. I know people who've been taken for much more.

You don't lend money to friends. You give it to them.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
 Back to top
View user's profile Send private message You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 20:45 - 22 Oct 2015    Post subject: Reply with quote

stinkwheel wrote:
It would also appear he thinks you're a silly cunt so possibly worth the money never to see or hear from him again?


That'll happen either way. Either I forget about the money and never see him again, or I pursue the money through small claims court and never see him again.

The second option seems better.

But for some crazy reason, I might lose - then I'll end up paying the cunt's costs as well!

I don't know what to do Sad
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 21:28 - 22 Oct 2015    Post subject: Reply with quote

Surbitom wrote:
But for some crazy reason, I might lose - then I'll end up paying the cunt's costs as well!

Not in small claims. This is exactly the sort of thing that it's for.

Letter before action first. Recorded delivery. Start adding the costs of that on to what he owes. Start adding interest now at 8% per annum.

https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

Don't go off on one, just state the facts, that you're now adding interest and costs, and that you'll have no choice but to file a court claim unless the whole amount is repaid immediately.

Then when he fucks you off or goes mental:

https://www.gov.uk/make-court-claim-for-money/overview

If you're apathetic then he wins. It's really up to you.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

someotherguy
Crazy Courier



Joined: 04 Aug 2015
Karma :

PostPosted: 21:36 - 22 Oct 2015    Post subject: Reply with quote

Should I send it to mum's address even though I know he doesn't actually live there?
 Back to top
View user's profile Send private message You must be logged in to rate posts
Old Thread Alert!

The last post was made 10 years, 118 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> Dear Auntie BCF... All times are GMT
Goto page 1, 2, 3, 4  Next
Page 1 of 4

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.09 Sec - Server Load: 0.78 - MySQL Queries: 14 - Page Size: 132.9 Kb