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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I lent a "friend" £2,629.00 to get her Mother out of trouble

Resolved Question:

I lent a "friend" £2,629.00 to get her Mother out of trouble with the Council on December 19th 2013 she promised to pay it back at £300.00 a month. Sofar I have received £100.00 back.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if any terms were agreed in writing or were the terms agreed verbally only please?Do you have evidence of the loan - e.g. a cheque or bank transfer as opposed to a cash payment?
Customer: replied 2 years ago.

Terms were only agreed verbally

Yes I have evidence of the loan

Expert:  Joshua replied 2 years ago.
Thank you. Finally have you tried to contact her regarding the non payment? If so what was her response?
Customer: replied 2 years ago.

No I haven't tried to contact her , but I will try

Expert:  Joshua replied 2 years ago.
Many thanks. the first step is to contact her in writing, for example by email or by letter reminding her of the terms of your agreement and noting that she is in breach of the same by only having made one small interim payment. You may go on to say that you require to submit her substantive proposals for repayment within say seven or 10 days failing which you reserve your right to either issue a claim in the County Court for recovery and/or issue a statutory demand for payment. If she does not reply you have two principal options from which you can select one or alternatively use both if you prefer. There is no presumption of the gift in English law in the circumstances and therefore the money you gave to you her will be presumed to be alone in this she can prove otherwise which based on what you say she will not be able to do. You can issue proceedings in the county court for the return of the money and ask for summary judgement on the basis there is no defence available to her. This removes the need for a hearing. If the judge is satisfied based on any evidence you can supply that there is no available defence available to the individual, summary judgement will be granted which removes the need for a hearing and from there, you can proceed to enforce the judgement against the individual by for example using bailiffs, deductions from earnings, taking a charging order out against any property she owns and so on. if the court does not accept that there is sufficient evidence for summary judgement, the matter will be scheduled for a hearing at which you will need to produce evidence of the loan and any correspondence between you together with any payments made to date. You able to claim interest at 8% per annum under section 69 County courts act on the unpaid money. You can issue proceedings using the below link and seek to recover court fees, as well as interest at 8% per annum as above and any costs associated with your attending any hearing.https://www.moneyclaim.gov.uk/web/mcol/welcome The alternative or complimentary action to the above is serving something known as a statutory notice on the individual. This costs no money and is a formal warning that unless she makes payment in full or formally applies to the court to attempt to set aside the statutory demand where he will need to convince a judge that she does not owe the money demanded, she may be made bankrupt. If she fails to do either of the above, after 21 days you can apply to make her bankrupt though there is no requirement that you do so. Statutory demands can be a powerful weapon to convince unwilling creditors to pay what is owed without the need for court action if they are keen to avoid bankruptcy. The form you need can be found below and should be sent by recorded delivery or delivered personally. Normal post will not suffice.https://www.gov.uk/government/publications/statutory-demand-debt-for-liquidated-sum-payable-immediately-form-61 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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