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| someotherguy |
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 someotherguy Crazy Courier
Joined: 04 Aug 2015 Karma :     
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 Posted: 19:35 - 22 Oct 2015 Post subject: Lent money to a "friend" |
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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
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" |
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| JP7 |
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 JP7 World Chat Champion

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| someotherguy |
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 someotherguy Crazy Courier
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| recman |
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 recman World Chat Champion

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| someotherguy |
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 someotherguy Crazy Courier
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| SQL |
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 SQL World Chat Champion

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| someotherguy |
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 someotherguy Crazy Courier
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| arry |
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 arry Super Spammer
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| someotherguy |
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 someotherguy Crazy Courier
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| arry |
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 arry Super Spammer
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| someotherguy |
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 someotherguy Crazy Courier
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| BakesBeans |
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 BakesBeans Spanner Monkey
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| someotherguy |
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 someotherguy Crazy Courier
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 20:26 - 22 Oct 2015 Post subject: |
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| 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 |
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| BakesBeans |
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 BakesBeans Spanner Monkey
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| someotherguy |
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 someotherguy Crazy Courier
Joined: 04 Aug 2015 Karma :     
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 Posted: 20:30 - 22 Oct 2015 Post subject: |
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| 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. |
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 20:32 - 22 Oct 2015 Post subject: |
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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  |
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| someotherguy |
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 someotherguy Crazy Courier
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| BakesBeans |
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 BakesBeans Spanner Monkey
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| someotherguy |
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 someotherguy Crazy Courier
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 20:40 - 22 Oct 2015 Post subject: |
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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  |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 20:41 - 22 Oct 2015 Post subject: |
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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. |
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| someotherguy |
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 someotherguy Crazy Courier
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 21:28 - 22 Oct 2015 Post subject: |
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| 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 |
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| someotherguy |
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 someotherguy Crazy Courier
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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? |
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