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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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I loaned a work colleague and supposed friend a sum of money(£250)

Customer Question

I loaned a work colleague and supposed friend a sum of money(£250) with a mutually agreed arrangement to pa it over a 2 month period.this was arranged by mobile phone texting.excuses were made nothing paid.i asked a supervisor at our workplace to have an informal chat.i asked the police for advise resulting in a formal letter to the person requesting the return of my property by a particular date.still no payment has been made and a lot of excuses given.mostly all communication has been via texting, so i have a recored of the proceedings.i've also been informed about the small claims court.could you advise me what to do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you don't want to sue?
Customer: replied 2 years ago.

what i want is my money and some form of monetary punishment for this person for the anguish they have inflicted on me over these past 8 months.i would like a fairly quick end to this

Expert:  Jo C. replied 2 years ago.
Well, that is realistic I'm afraid.
There are no magic wands that will force him to pay.
This is a civil debt which has nothing to do with your employer. Ultimately if he just plain refuses to pay then your only option is to sue.
That is not all that quick. It depends on listings in the area but usually it takes a couple of months if he contests it.
Getting judgment in your favour should not be difficult. The problem potentially is getting the money. If he is in work then you can always seek an attachment to earnings so that an amount can be deducted from his salary monthly although it won't be the full amount.
You have a claim for the sum of the loan, plus interest at 8% per year and costs.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

she freely admits she owes the money but has a problem handing it over and fears public humiliation even though i'm aware she's done it before though paid up.i'm interested in the attachment to earnings.the sum of loan plus interest and costs include my costs for this procedure?

Expert:  Jo C. replied 2 years ago.
Yes, but it is very cheap to sue.
You can only get an attachment to earnings if you first get a CCJ and she doesn't pay.
Customer: replied 2 years ago.

if i sue,how does the process work?

Expert:  Jo C. replied 2 years ago.
You just issue, she is sent the papers and has the opportunity to admit the claim or deny it. If she denies it is set down for trial.
Customer: replied 2 years ago.

will the text conversations and the informal talk with the supervisor be considered as evidence?

Expert:  Jo C. replied 2 years ago.
The texts will if they are to you or if he gives evidence.
The conversations will not.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your advise.i'll visit birmingham city centre and start proceedings tomorrow

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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