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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What date was the sum borrowed? Was anything in writing please?
The sum was borrowed over a period of about 4-6 weeks.There was nothing put down in writing because we were friends and I thought a 'gentleman's agreement' would suffice.I paid him in cash from monies that were paid back to me from my restaurant,which was owned by a company called Sakurafoods Ltd..I had invested heavily in this company. The gentleman in question provided the security staff for the restaurant,and one of the few payments he did make was to balance off an invoice I owed to him for these services.The value of that invoice was approximately 4500 pounds sterling,which is approximately equal to the value of each scheduled payment to which I was promised. Several people passed over this cash to him,and it usually happened in the restaurant.Two years or so the restaurant went into voluntary liquidation,myself being owed approximately 225 000 pounds,not taking into account the loan I made to the gentleman in question.He also agreed to pay me interest on my monies,but would always avoid coming up with a solid figure. I also have numerous text conversations from him in which he admits owing me money and that being a substantial amount.
Alex I am still waiting for an answer
Sorry I did not see you had replied
You need to write and set out your losses and request a full payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. This means you can get a charge on property, charge on bank account or send in bailiffs.
If the matter is defended it will be set down for a trial. If the claim is for more than £10,000 or it will be not a small claim and you will need representation if contested.
Can I clarify anything for you about this today please?
firstly thanks for the reply.That seems pretty straightforward. However,do you think I would have a fair chance of success considering there was no contract drawn up and the loan not done through the bank..I can prove that my money came from a reputable source.Lastly,would I be able to put a charge on his house even though it is in his wife's name.I think she paid from it from her settlement in a previous divorce.They are married however and have been for numerous years.