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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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Am owed a lot of money. How can I get it back ?

Customer Question

Am owed a lot of money. How can I get it back ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
How much money?
What were the circumstances of the debt please?
Customer: replied 2 years ago.
Been owed a total now of £12,200 from a 'friend' who I have constantly helped with small amounts over the last ten years. He had promised me complete repayment from a lump sum pension which I believe he may already have had.
Expert:  Jo C. replied 2 years ago.
When did he last acknowledge the debt please?
Customer: replied 2 years ago.
The only proof I have is by text a few weeks ago. I have a signed agreement and standing order mandate from a few years ago which was started but not completed.
Expert:  Jo C. replied 2 years ago.
You can always sue. You can issue here
www.moneyclaim.gov.uk
It is an amount that just exceeds the small claims court arena so costs will be an issue . It might be an idea to get a solicitor or a barrister under public access to write to him warning him of the risk of suing at his cost if he does not make arrangements to pay. Sometimes works. Sometimes not but it is a lot cheaper than issuing.
If he acknowledged it a few weeks ago then you are in time under the Limitation Act 1980 so there should be no difficulty.
I don't think you would have any problem showing that there was a loan. You have text evidence which is perfectly fine soft loan like this. What you might need to do is gather evidence to prove the sums paid in case he disputes that.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.
I don't really wish to get this friend and his wife in trouble or further financial difficulty but by the same token want this money repaid at some point and not continually swept under the carpet. Have I enough proof by texts and handwritten statements to pursue legally if necessary?
Expert:  Jo C. replied 2 years ago.
I haven't seen them obviously but it is likely that you have. Courts do understand that soft loans between friends are rarely reduced to writing.
If you have text accepting the debt generally then all you really need to do is prove the sums of the transfer.
Customer: replied 2 years ago.
Are they breaking the law by reneging on a standing order agreement from 2 or 3 years ago ?
Expert:  Jo C. replied 2 years ago.
Not the standing order per se.
But if you agreed repayment in those terms then they are in breach by not paying.
Customer: replied 2 years ago.
How long do I have before the written agreement signed in May 2011 and the last text acknowledging the debt March 2014 expire in the eyes of the law ?
Expert:  Jo C. replied 2 years ago.
It is a maximum of 6 years from the date of last acknowledgement.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Is my debt retrievable from my friend alone or both he and his wife. She has obviously agreed to help him by signing a standing order mandate several years ago. However only six of the agreed twenty four repayments were made ?
Expert:  Jo C. replied 2 years ago.
If the agreement was with him then only he is liable I'm afraid.
Customer: replied 2 years ago.
I have a signed agreement from both of them dated May 2011 would this therefore involve his wife.
Expert:  Jo C. replied 2 years ago.
Did she sign it?
Customer: replied 2 years ago.
Yes all 3 of us signed it.
Expert:  Jo C. replied 2 years ago.
If she signed the agreement then she is liable as well.
Customer: replied 2 years ago.
Is there a legal form I could ask them both to sign which would ensure total repayment by a certain date ?
Expert:  Jo C. replied 2 years ago.
No that would vary the original contract. The original agreement is the issue.
Customer: replied 2 years ago.
The original signed agreement promises by means of a standing order all monies would be completely repaid by April 2013. It wasn't.
Expert:  Jo C. replied 2 years ago.
Then they are in breach and you can sue upon that.
Customer: replied 2 years ago.
If I went through the sueing route would full repayment have to be made in one lump or in smaller instalments. How much would this process cost me ?
Expert:  Jo C. replied 2 years ago.
It depends on what the debtor can afford. Usually it is payment in instalments.
This would probably cost several hundred if not a thousand to sue. You can recover that from the debtor.