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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I lent £50k to a friend to help him save his business that

Resolved Question:

I lent £50k to a friend to help him save his business that was in trouble. He has failed to repay it after 5 years despite reminders or to agree any kind of arrangement.
There is good supporting evidence that the £ was paid e.g. bank statements etc.
I am making a claim for the £ and would like to know in civil law terms how to frame what he has done.
Is it breach of contract (he agreed to pay it back although not in precisely in writing) and I gained no benefit from the transaction or something else?
Your wisdom would be much appreciated. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

That's very helpful thank you. Yes please - how would you frame the loss as breach of contract or something else?

Expert:  Ash replied 2 years ago.
Yes breach of contract is just the ticket
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

I have already rated you excellent!