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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25632
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I lent my neighbour £1000 in August last year. She has since

Resolved Question:

I lent my neighbour £1000 in August last year. She has since paid back only £500 one month ago but is refusing to respond to messages from me asking for the rest. She has since moved house so it's not as simple as knocking on the door. I have proof that i paid it into her account as I did an online bank transfer. Can you please advice on what i should next? Many thanks Louise
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.

Do you have her present address please?
Customer: replied 2 years ago.

I know where she lives but unfortunately don't know the street name or postcode but know how to find the property by driving there.

Expert:  Joshua replied 2 years ago.
Thanks so it is safe to say you could easily establish the address by physically driving to it or alternatively looking on google maps?
Customer: replied 2 years ago.

Yes. My partner helped her move house so he knows.

Expert:  Joshua replied 2 years ago.
Many thanks. based upon what you say, this is a relatively straightforward loan agreement which has been breached by your neighbour. I assume there is no formal loan documentation but from what you say, you have the evidence that the money was transferred to your neighbour and the evidence of the single repayment that was made. Even when no formal loan documentation exists, the money is presumed in English law to be alone unless the neighbour can prove it was a gift. In other words, it is not for you to prove that the money was a loan-this is assumed unless the neighbourhood can conclusively prove otherwise.Accordingly, the first step is to confirm the full address either by looking on maps as above or by physically driving to the property to confirm the road and number to the neighbour a final demand payment either by email or if they have not previously answered by email or are not presently answering email, consider either sending a letter by post keeping a copy of the receipt for postage or physically posting it through the letterbox noting down the date and time or recording yourself on your phone doing so evidence that the letter was personally served.In your letter or email you can refer to the date of payment for the loan and when it was agreed that loan would be repaid noting that you have only received one payment against the loan leaving a balance of £xx remaining. You can demand immediate repayment of that money within 7 or 14 days (your choice) failing which warn the individual that you reserve the right to issue proceedings in the County Court to recover the money together with interest at 8% per annum under section 69 County Courts act and court costs. If you were still ignored, or any proposals you receive are not satisfactory, you can issue proceedings in the County Court is the cause of monitoring service:https://www.moneyclaim.gov.uk/web/mcol/welcomethe claim is very easy to pursue. It will be heard in the Small Claims Court which assumes that individuals will proceed without solicitors. You can claim the above costs together with any expenses you incur in attending the hearing. You obtain judgement, which I see no reason why it should not, it the money is still not repaid, you can go on to instruct bailiffs to attempt to recover the money or look to deduct monies from earnings and so on as enforcement.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
Customer: replied 2 years ago.

Thanks so much Joshua. Very helpful

Expert:  Joshua replied 2 years ago.
A pleasure. I wish you luck in recovering your monies hopefully without the need for a court application if possible.
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