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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Morning, My ex-partner owes me money for a loan which

Resolved Question:

Good Morning, My ex-partner owes me money for a loan which I have taken out for him and cash I have given him. I have emailed him with stating the amount he owes me and listed a monthly amount which he has transfer to me monthly for the next 36 months in order to pay his debt. Unfortunately he has never signed my paper, however he did agree in emails that he would pay monthly. He has only paid once so far and this month he is already late by several weeks. Can you please advise of what my options are and if it would help if I get a solicitor involved?
Many thanks for your advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How much does he owe you?

Customer:

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.

Ben Jones :

When was this amount lent to him?

Customer:

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.

Ben Jones :

ok let me get my response ready please

Customer:

thank you.

Ben Jones :

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:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


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.

Customer:

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.

Customer:

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.

Ben Jones :

Sorry just need to go offline for a very short time, connection will drop any minute, will respond shortly, sorry about that

Ben Jones :

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

Customer:

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?

Ben Jones :

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

Customer:

oh Gosh so it isn't looking good either way for me.

Ben Jones :

well just giving you the worst case scenario so you are aware, not necessarily going to be that bad

Customer:

I appreciate that. I might go for the claim option straight away. Many thanks for your help and Happy Easter.

Ben Jones :

You are most welcome, all the best and enjoy the holidays

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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