Refusing to pay back a loan.
Refusing to pay back a loan.
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Discussion

akz0rrr

Original Poster:

96 posts

177 months

Wednesday 3rd September 2014
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I'm not necessarily sure this is the right place to post about this, but here goes anyway.

I'm looking for advice on behalf of my sister, who is having some trouble regarding her ex-Fiance refusing to pay back £500 which she loaned him back in March.

A bit of backstory. My sister, 18, had been seeing this guy (19) for well over 18 months. They had been engaged for almost 10 months, and he was actually living with her at my parents house for 6 months. All was absolutely fine, all-in-all, he seemed perfect for her, so for me no worries. He was bombing around in a Fiesta which in March of this year, he binned after running out of talent on a wet, twisty B-road on his way to work. He was fine but the car was a write off. Because he needed a car for work, he was desperate for a new motor as soon as possible, so my sister lent him £1500. This was a loan, on the understanding that when his insurance paid out for the Fiesta he'd pay her back. As far as anyone was aware, this was what happened.

Fast forward to July and he's lost his job, left my sister and moved out, and it turns out he'd kept back £500 because he claimed he couldn't afford it. My sister had initially agreed to this, on the understanding he WOULD pay her back for the entire amount. She'd kept quiet because she knows both myself, and my Dad would have insisted that he pay her back completely and she didn't want to cause issues in the family.

He still owes her the £500, but is repeatedly claiming he hasn't got anything to pay her back with. This is despite having a new, reasonably well paid job which he's had since mid-July. He's now moved back in with his parents, got a new bird, and I've seen him a few times driving about in the car (complete with new exhaust and alloys), and out and about in town, so he clearly has some money somewhere. My sister has asked repeatedly for the money back, but he just repeats the same thing over and over. He has no money, but he'll pay her back next week. This has been going for almost 2 months now.

My question is, how can we get this money back? Because it's clear to me he's not going to pay up willingly. I know it's only £500 but for my sister that's alot of money. My dad is all for going and GETTING it back. But this guy is a 6'4 rugby player-type and... well, me and my Dad getting our arses kicked is pointless.

So what can we do?

bad company

21,920 posts

297 months

Wednesday 3rd September 2014
quotequote all
I can only suggest that your sister writes to him giving him 7 days to pay or she will sue. It's not difficult to do so through the County Court. Once he knows she means business he may well pay up.

Good luck.

Rude-boy

22,227 posts

264 months

Wednesday 3rd September 2014
quotequote all
bad company said:
I can only suggest that your sister writes to him giving him 7 days to pay or she will sue. It's not difficult to do so through the County Court. Once he knows she means business he may well pay up.

Good luck.
This. not sure how far you will get with a 'he said, she said' argument like this if he choses to lie but if he isn't listening to the 'please pay me back' requests it might make him sit up and take a little more notice if it starts causing him more issues than the odd text or person to ignore.

With any luck he'll be a real idiot and ignore it all, a CCJ will cost him a st load more than the £500 in st and hassle, not to mention he'll still owe her £500...


anonymous-user

85 months

Wednesday 3rd September 2014
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Tell her to get on with her life.

£500 maybe a lot to her but how much time and money is she going to waste chasing him for it?

catman

2,504 posts

206 months

Wednesday 3rd September 2014
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My first question would be, are there any witnesses to the loan and agreement to pay it back?

Any witnesses to withholding £500 and promising to pay it back?

Tim

Rude-boy

22,227 posts

264 months

Wednesday 3rd September 2014
quotequote all
sugerbear said:
Tell her to get on with her life.

£500 maybe a lot to her but how much time and money is she going to waste chasing him for it?
I would say this if we were talking about people who can afford to write this sort of sum off but I am guessing that £500 here is a significant wedge (not that it isn't to me but I could write it off as a bad deal without it affecting my plans other than not buying anymore toys for a few months!)

Even if it were me I would not like to think that I had just given up on it and would happily spend an evening on the net and form filling and throw another few pounds at it, even if only to stop them thinking that they might try it on the next...

akz0rrr

Original Poster:

96 posts

177 months

Wednesday 3rd September 2014
quotequote all
catman said:
My first question would be, are there any witnesses to the loan and agreement to pay it back?

Any witnesses to withholding £500 and promising to pay it back?

Tim
As I understand it, my parents were present when she initially loaned him the £1500 for the car. They drove her to the bank to withdraw the cash, then dropped them both off at the sellers for the purchase to take place. He had said to me that my sister had loaned him the money, and it was common knowledge that that was the agreement.

As for withholding the £500, as far as I am aware that was an agreement between just the two of them. As I said, as far as anyone knew he'd paid her back entirely. She has got numerous text messages and emails in which he promises to pay her back.

There is not really an option for her to just led it slide. As I said, £500 is alot of money for her. She is just out of college and starting her first job.


Edited by akz0rrr on Wednesday 3rd September 15:25

Mr SFJ

4,089 posts

153 months

Wednesday 3rd September 2014
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If watching Judge Rinder (boxedin) is of any consolation, he knows it's a loan, as he is saying that he will pay it back. I'd give him a letter in writing informing that if no payment is made within 7 days, you will be forced to start legal proceedings. Either he'll pay up pretty quickly, or take it to court. But it seems pretty clear cut to me.

singlecoil

35,838 posts

277 months

Wednesday 3rd September 2014
quotequote all
The guy obviously doesn't want to drop the £500 which he now thinks of as his. Take him to court (it's easy and you can do most of it on line) and let him tell it to the judge.


bad company

21,920 posts

297 months

Wednesday 3rd September 2014
quotequote all
sugerbear said:
Tell her to get on with her life.

£500 maybe a lot to her but how much time and money is she going to waste chasing him for it?
Court fee £35 which is recoverable & all can be done very quickly online. I reckon there is a very good chance that he will pay on the 7 day letter or on receipt of the Court papers.

If it is a genuine case I would not let him get away with it.

bad company

21,920 posts

297 months

Wednesday 3rd September 2014
quotequote all
Mr SFJ said:
give him a letter in writing
What other sort of letter is there? confused

Mr SFJ

4,089 posts

153 months

Wednesday 3rd September 2014
quotequote all
bad company said:
What other sort of letter is there? confused
Email? Which I think can still classify as a legal document (I think)

TooMany2cvs

29,008 posts

157 months

Wednesday 3rd September 2014
quotequote all
akz0rrr said:
As for withholding the £500, as far as I am aware that was an agreement between just the two of them. As I said, as far as anyone knew he'd paid her back entirely.
This is where it could so easily start to get messy, if ever it comes to enforcing anything officially. All he needs to do is to say that he DID pay her back, after the date of those messages (or that they're fake) and it's straight to he-said-she-said.

But I'd agree that the mere threat of getting legal is likely to be enough to put it up him.
https://www.moneyclaim.gov.uk

Rude-boy

22,227 posts

264 months

Wednesday 3rd September 2014
quotequote all
Mr SFJ said:
bad company said:
What other sort of letter is there? confused
Email? Which I think can still classify as a legal document (I think)
May be yeah, may be nay. I specifically exclude it as a means of service in my contracts and documents as a rule, or require that it backed up by another, second, form of service.

Too many opportunities for missed communications for 1001 reasons.

12lee

193 posts

196 months

Wednesday 3rd September 2014
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bad company said:
What other sort of letter is there? confused
French.

RG63AMG

157 posts

155 months

Wednesday 3rd September 2014
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You wont get the cash the nice way, be discrete what you say if your taking other routes to getting in back.

akz0rrr

Original Poster:

96 posts

177 months

Wednesday 3rd September 2014
quotequote all
TooMany2cvs said:
akz0rrr said:
As for withholding the £500, as far as I am aware that was an agreement between just the two of them. As I said, as far as anyone knew he'd paid her back entirely.
This is where it could so easily start to get messy, if ever it comes to enforcing anything officially. All he needs to do is to say that he DID pay her back, after the date of those messages (or that they're fake) and it's straight to he-said-she-said.

But I'd agree that the mere threat of getting legal is likely to be enough to put it up him.
https://www.moneyclaim.gov.uk
I've actually spoken to my parents about this just now. He was actually paying the overall loan back in installments but stopped with £500 left owed. My sister just neglected to tell anyone he'd stopped paying. This was apparently whilst he was waiting for a pay cheque to come through, back in May. She had apparently told my Mum about it in June, around her birthday when she started worrying about him wasting his money on car mods, an xbox and OTT gifts to his mates, but not paying her back. It was around that time that he started skirting around the issue before ultimately leaving her in July having not paid. It became open knowledge after he left and she started asking firmly for the full amount then. He's actually spoken to my parents and promised to pay, and my Dad has been in touch with his parents regarding a different issue (him still having his car registered at their address) and mentioned it to them. Their response was that she shouldn't have loaned him the money, and they want no part of it.

Rude-boy

22,227 posts

264 months

Wednesday 3rd September 2014
quotequote all
akz0rrr said:
Their response was that she shouldn't have loaned him the money, and they want no part of it.
Well they are just going to love the court letters arriving at their door then aren't they hehe

TwistingMyMelon

6,518 posts

236 months

Wednesday 3rd September 2014
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You are in cloud cuckoo land if you think you will get it back, it aint gonna happen

Even if you went down some kind of "official" route, then it will eat up your time and patience, he could always say he was gifted the money

Your sister should see it as a lesson, in fact now she's learnt the hard way in the future she might think twice before lending money or picking better blokes.

Suck it up and move on, or slog it out and get nowhere.

I dont want to sound harsh, just realistic .

If him and parents are a bit thick , then I would draft up a fake Court/bailiff letter on Word with a few juicy logos and post it to his parents, it might shock them into paying you asap , but could backfire if they dont...

Edited by TwistingMyMelon on Wednesday 3rd September 17:25


Edited by TwistingMyMelon on Wednesday 3rd September 17:26

singlecoil

35,838 posts

277 months

Wednesday 3rd September 2014
quotequote all
Taking him to the small claims court will cost little time except for the case itself, if it goes that far. For what it costs, it's worth doing. He's taking the piss, she should show him that she is serious and that this isn't going to go away just because he wants it to.