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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I lent a friend of mine a total of £470 with the understanding

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I lent a friend of mine a total of £470 with the understanding that he would pay me back, this was in January 2014 and no he is avoiding my phone calls and texts and i'm worried that I will not get my money back, what can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is he working or have any assets?
Customer: replied 3 years ago.

He has a full time job in a pub

Expert:  Jo C. replied 3 years ago.
Ok.

do you have any evidence of the loan?
Customer: replied 3 years ago.

No, other than the money that came out of my account, I lent him £80 to pay his rent, (he lives with his parents), I lent him £30 to pay off a debt with his brother and I bought him an iPhone 4 which cost £360.


All of which he assured me he would pay me back for. But now I cannot get in contact with him at all.

Expert:  Jo C. replied 3 years ago.
Was it all verbal or was any of it negotiated or confirmed over text or email?
Customer: replied 3 years ago.

Mostly verbal, there were texts sent saying he would pay me back and asking for the money, but my phone cleared all my messages so if there's any copies of them they'll be on his phone.

Expert:  Jo C. replied 3 years ago.
Ok.

Do you have his address?
Customer: replied 3 years ago.

No, but I have his current and former place of work, I did go to his house once, we were romantically attached but after he received the money it ended. I spoke to someone who knew him who heard a rumour saying that he had used this guy to get a phone then ditched him and he was bragging about it somewhat.

Expert:  Jo C. replied 3 years ago.
Thanks.

You can always sue him. If there were text messages discussing repayment then that is something that you can rely upon. Also, although there are people who do go to court and tell bare faced lies, as a general rule, people do not. If he borrowed the money then he is not likely to say that he did not and if he does then he should not be credible.

You need to send him a letter before action though to his last known address giving him 28 days to pay in full and making clear you will sue and claim costs against him.

If that fails you can issue here

www.moneyclaim.gov.uk

You can issue at a person's last known address. You could also have a tracing agent track him down but that will rack up the cost.

If he is working then he is worth suing.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

No, that was excellent advice, thank you so much for telling me this, it was incredibly helpful and has made me feel much better about the whole thing. What would be the most reliable and professional method of finding out his last known address, could I send the letter to his place of work?

Expert:  Jo C. replied 3 years ago.
You could but they probably won't tell you.

You can use a tracing agent to find him or issue at his place of work or his last known address.

No problem and all the best.

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Jo C., Barrister
Category: Law
Satisfied Customers: 69984
Experience: Over 5 years in practice
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