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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Hello Please can you advise on where I stand legally

Resolved Question:

Hello
Please can you advise on where I stand legally on A Friend Lending Another Friend Money-----this happened several years ago. Thank You
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I lent a friend, several years ago, some money and I'd like to know where I stand in trying to get this friend to pay it back. So far he has avoided my verbal requests.

Expert:  Jo C. replied 3 years ago.
How much money please and how long ago?
Customer: replied 3 years ago.

£3800 8/9 years ago

Expert:  Jo C. replied 3 years ago.
When did he last acknowledge the debt please?
Customer: replied 3 years ago.

We have never mentioned the debt, either of us, for several years. I only mentioned this last Sunday and have left him further messages but is avoiding answering me. There is nothing in writing only a verbal agreement made several years ago.

Expert:  Jo C. replied 3 years ago.
Thank you.

I'm afraid that it is bad news.

You have a claim. This is a simple contractual dispute where he is borrowed money and failed to repay it. It doesn't matter that you do not have a written contract as long as you can evidence it in other ways.

The difficulty is that you time-barred under the Limitation act 1980. You had 6 years to sue from the date of last acknowledgement and you seem to accept that that was more than 6 years ago.

You can apply to extend time under section 32 of the limitations act but is not lightly granted and you would need an extremely good reason for the delay.

You could also try to get him to acknowledge the debt now and argue that time starts running. Obviously he may not do that and the court may not accept it but it is an option for you.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
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