How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

a friend of borrowed 46000pounds off me.He said he would pay

Customer Question

a friend of borrowed 46000pounds off me.He said he would pay me 5000 pounds each month until the bill was cleared.3 years later he has only just paid over 15 thousand all togerther and he says he can only afford 2000 a month.The same promise and value he swore he'd keep to+
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

What date was the sum borrowed? Was anything in writing please?

JACUSTOMER-hc5pb5bj- :

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.

JACUSTOMER-hc5pb5bj- :

Alex I am still waiting for an answer

Alex Watts :

Sorry I did not see you had replied

Alex Watts :

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?

JACUSTOMER-hc5pb5bj- :

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.

Alex Watts : It makes no difference whether there was a contract etc. You can show he has paid the £15k back which is enough to show an oral contract.
Alex Watts : I think you have a good chance.
Alex Watts : Does that help?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice