Small claims court against an individual
Discussion
Around 18mths back a friend got in touch asking to borrow some money for a few weeks. I sent over half what he originally asked for. 2 weeks later I ask about it and get fed some excuses, same again a few weeks later. The excuses rumbled on for a few months. Then his relationship broke down and he was in a bad place, so I let it slide for a while. Then he went dark, couldn't get hold of him. I was going to leave it, but I've since found out he's back with his partner and all is well in his world, so I've decided it's time I was paid back. I'm going to attempt one final contact, informing him I'll be going down the legal route if he doesn't re-establish contact.
In terms of evidence I have his original messages asking to borrow the money, and his intentions to pay it back within a few weeks. Then obviously the transfer itself.
Has anyone else made a similar claim successfully? I've only dealt with small claims once, and that was against a large national firm.
In terms of evidence I have his original messages asking to borrow the money, and his intentions to pay it back within a few weeks. Then obviously the transfer itself.
Has anyone else made a similar claim successfully? I've only dealt with small claims once, and that was against a large national firm.
WrekinCrew said:
You must send a formal " letter before action" first. Lots of templates on the web.
That may be enough in itself.
Yes the last contact effort I'll make will essentially say "if I don't hear from you within 'x' time I'll be sending a formal letter before action, followed by small claims. I don't want to take him to court, the hope is the threat in itself will be enough to galvanise something.That may be enough in itself.
As for "good money after bad", it's £205 to attempt to get my £5k back
If you win and they dont pay, you have options https://www.gov.uk/make-court-claim-for-money/enfo...
ridds said:
It's worth a shot.
You may get them to give in at arbitration.
If not, you'll then be into online hearings and you either represent yourself or stump up the legal fees.
Even if you win, they can declare poverty and you'll still have to chase them for the money.
Yeah I represented myself at an online hearing against a company during covid, first time doing it and rather scary when they turned up with 3 London based lawyers!You may get them to give in at arbitration.
If not, you'll then be into online hearings and you either represent yourself or stump up the legal fees.
Even if you win, they can declare poverty and you'll still have to chase them for the money.
At least this time the evidence is very straight forward.
He's no longer in the poverty he originally claimed when I wasn't paid back, so very worst case scenario is a debt collection agency
skinnyman said:
Around 18mths back a friend got in touch asking to borrow some money for a few weeks. I sent over half what he originally asked for. 2 weeks later I ask about it and get fed some excuses, same again a few weeks later. The excuses rumbled on for a few months. Then his relationship broke down and he was in a bad place, so I let it slide for a while. Then he went dark, couldn't get hold of him. I was going to leave it, but I've since found out he's back with his partner and all is well in his world, so I've decided it's time I was paid back. I'm going to attempt one final contact, informing him I'll be going down the legal route if he doesn't re-establish contact.
In terms of evidence I have his original messages asking to borrow the money, and his intentions to pay it back within a few weeks. Then obviously the transfer itself.
Has anyone else made a similar claim successfully? I've only dealt with small claims once, and that was against a large national firm.
He may have a defence that you previously did nothing after repeatedly asking for repayment, meaning by your (lack of) conduct you'd accepted his failure to repay. In terms of evidence I have his original messages asking to borrow the money, and his intentions to pay it back within a few weeks. Then obviously the transfer itself.
Has anyone else made a similar claim successfully? I've only dealt with small claims once, and that was against a large national firm.
skinnyman said:
Around 18mths back a friend got in touch asking to borrow some money for a few weeks. I sent over half what he originally asked for. 2 weeks later I ask about it and get fed some excuses, same again a few weeks later. The excuses rumbled on for a few months. Then his relationship broke down and he was in a bad place, so I let it slide for a while. Then he went dark, couldn't get hold of him. I was going to leave it, but I've since found out he's back with his partner and all is well in his world, so I've decided it's time I was paid back. I'm going to attempt one final contact, informing him I'll be going down the legal route if he doesn't re-establish contact.
In terms of evidence I have his original messages asking to borrow the money, and his intentions to pay it back within a few weeks. Then obviously the transfer itself.
Has anyone else made a similar claim successfully? I've only dealt with small claims once, and that was against a large national firm.
Seems black and white. Certainly worth going to court if a final polite message doesn’t do the trick. In terms of evidence I have his original messages asking to borrow the money, and his intentions to pay it back within a few weeks. Then obviously the transfer itself.
Has anyone else made a similar claim successfully? I've only dealt with small claims once, and that was against a large national firm.
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