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Ash
Ash, Solicitor
Category: Family Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A friend lent me £10,00 as I was relocating to Ireland. This

Customer Question

a friend lent me £10,00 as I was relocating to Ireland. This was 6 years ago. She now is demanding the money back. I have every intention of paying it but do not have it now. I work part time I rent my property and my husband is unemployed. She is threatening me with a solicitor. Where do I sand. Nothing is in writing she just lent it as a friend.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you

Was it agreed when it would be repaid?

Customer: replied 1 year ago.
Hi AlexAt the time I said I would pay when I sold my house in the UK. Unfortunately my house was sold and it was in my ex husbands name and he didn't give me any money. It was £10,000 I lent not £1000 as in my previous query (typo). The only way I could pay it now is if I took out a loan. I am only working part time I rent my accommodation and am a single parent
Expert:  Ash replied 1 year ago.

It's bad news I am afraid, the loan was conditional upon the house being sold and it was. This then triggered the repayment, sadly it makes no difference whether your ex paid you or not.

As such you are liable for the repayment. If you don't pay your friend can take you to court and you could get a court judgment.

This could be enforced by sending in bailiffs, charge on any property you own, deduction from earnings or Make you bankrupt.

I am sorry if this is not the answer you want or the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Thank you but I must ask you a further few things. Nothing was put in writing and it was on a friendly basis. I now live in Ireland and am renting and I am a single parent and only work part time. I would make every effort to repay my friend but obviously it would take time. I had tried to contact her over the years (it has been 6 years since the transaction) but received no reply. I thank you for your time on this.
Customer: replied 1 year ago.
Just another thing. I would imagine her taking me to court would be expensive hopefully she would not go that far. I do not own anything for bailiffs to take, my home is furnished and rented and as I said I only work part time so they would only be able to take a small amount from my salary. What would happen in this scenario.
Expert:  Ash replied 1 year ago.

It makes no difference, it can be verbal. You have confirmed it was lent and would be repaid when you sold the house. This was done and therefore it is owed.

She could still make you bankrupt if you didn't own anything.

Does that clarify?

Alex

Customer: replied 1 year ago.
What would she get if she made me bankrupt and how much would all this cost her. If it was a gift would the same rules apply. does it come down to my word against hers in this matter
Expert:  Ash replied 1 year ago.

Yes if it was a gift same rules, it was conditional. You have accepted that. She may not get anything if made bankrupt but that does not prevent someone from doing so.

Alex

Customer: replied 1 year ago.
how would this work if she lives in the UK and I live in the republic of Ireland would I be forced to go to the UK and how would that happen if I cannot afford to go. My only hope is that she will mediate and the expense of taking me to court may put her off. Would it be expensive for her to take me to court.
Customer: replied 1 year ago.
I sent another question dated 26.05/16 at 02.16
Expert:  Ash replied 1 year ago.

Potentially but then you could contest jurisdiction and it could be transferred to Ireland. Or if you didn't contest she could get a European enforcement order.

Apologies I was representing in court.

In short can you stop them issuing proceedings for the debt - no. You agreed you would repay it when the house was sold.

I am sorry,

Can I clarify anything else?

Alex

Expert:  Ash replied 1 year ago.

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