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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Firstly, apologies in advance lengthy correspondence

Resolved Question:

Hi,
Firstly, apologies in advance for the lengthy correspondence I am about to write, but I want to include all the facts to assist you with an answer. This is a case of lending money to a female friend I have had a mutual 'private and personal' relationship with and it not being returned.
Several weeks ago I initially transferred her £200 in advance. This was to assist her paying some bills etc as she really needed the money as she was struggling financially. It was a clear transaction between us that this was not a 'gift' and it was to be payed back at some point in the future.
More recently, I transferred her a further £300 in advance. We had agreed to meet up the next day (before she went away on a holiday) but she ended up cancelling at the last minute due to a family issue. I then asked her if she could kindly transfer the money back at this point, but she was unwilling and reluctant to do so as she needed the money for her holiday. I eventually backed down and agreed we could sort it out when she returned.
It's now been several weeks since she returned from her holiday and despite my numerous text messages to contact her, she has conveniently gone quiet and decided to ignore me. I'm assuming this is the best defense for someone who wants to the problem to go away? It is only my opinion, but I'm assuming that not only does she not have the funds available to pay me back, she believes that if she just stays quiet and ignores me, then I'll get tired of chasing and give up.
I would also suggest that due to the discreet nature of our arrangement, she believes I would not want to chase for repayment as it might mean divulging further details of our dealings later down the line, which could cause us both embarrassment.
I've also now managed to find her home address after much effort, but I'm unsure of the next steps to take and where I stand legally on this. I see this as nothing more than common theft on her part but I want to know if this would stand up in a small claims court now I have her address details.
I can get records of the transactions from my bank to prove the money was transferred if required, however I have unfortunately deleted her past text messages where she clearly refers to the money as a loan.
Regards,
Mark
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a payment 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 pay 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?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Do you have a number if you wish to speak to me?
Alex
Customer: replied 1 year ago.

That's great Alex.

Can you confirm what backup documents / evidence I will need to attach to my claim as a minimum, bearing in mind I have very little apart from my bank statements to prove the money was transferred?

Expert:  Ash replied 1 year ago.
Bank statements is enough. That is is good enough for the claim.
Does that help?
Alex
Customer: replied 1 year ago.

How long does the small claims court process take on average?

I'm guessing the other person will defend by saying the money was a gift to get out of repaying it back? How would I then respond or prove otherwise?

Expert:  Ash replied 1 year ago.
It can take around 4-6 months.
If they are saying its a gift, its just a mater of who the Judge believes.
Alex

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