Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How much does he owe you?
Good Morning Ben, The loan is £5,000 and £2,000 was given in cash. I have confirmation in messages that both amounts weren't gifts.
When was this amount lent to him?
The loan was taken out last year in November and agreed to be paid back in 36 instalments starting from March 2014. The cash I gave him randomly whenever he needed some within the period of March 2013 - December 2013.
ok let me get my response ready please
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
thank you very much. I have sent him letters before, however as he works during the day and long ours I can't send anything by recorded as he never picks it up from the post office.
Shall I send letters myself or shall I contact a solicitor to send the letter on my behalf? I don't think that my letters will be taken serious.
Sorry just need to go offline for a very short time, connection will drop any minute, will respond shortly, sorry about that
Hi, sorry for that, my battery ran down and I was not near a charger. There is no legal requirement to use a solicitor to send him the letters but if you feel that it would make him take matters more seriously then you can - of course you have to take into account the costs involved by doing so. If it appears he would not want to pay anyway then you may wish to skip sending solicitors' letters and go straight for the claim as that should wake him up
Thank you very much for this. Just one last thing. He mentioned before that he may go to Australia to live and work there. How big are my chances to retrieve the owed money once he leaves the UK?
quite difficult I must admit, these claims can be ignored even if he was in the UK and it would be then up to you to try and enforce it by applying different methods, such as bailiffs, etc. If he goes to Australia then enforcing the judgment would be even more difficult and whilst not impossible, the costs associated with doing so may just not make it worth while, considering the amount you are after
oh Gosh so it isn't looking good either way for me.
well just giving you the worst case scenario so you are aware, not necessarily going to be that bad
I appreciate that. I might go for the claim option straight away. Many thanks for your help and Happy Easter.
You are most welcome, all the best and enjoy the holidays