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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I lent money to a friend in Septmeber 2010 any have the messages

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I lent money to a friend in Septmeber 2010 any have the messages from them confirming they would repay me. Un surprisingly they moved away and stopped all communication with me. Having got back in touch in 2012/13 I have messages as recently as last week confirming they would repay me however they have failed to follow through on that agreement. They have now put forward a repayment proposal which I don't believe to be fair especially as they are only intending to pay £50 per month for the first 7 months of an 18 month plan. In addition at one point they have claimed they were declared bankrupt. Am I able to take any kind of legal action to recover this money or get a fairer formal /legal repayment agreement in place.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
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 1 year ago.
They have already told me they are not in a position to pay the full amount so do I just send the request for the process?
Am I still able to take them to court if they are legally bankrupt?
Expert:  Ash replied 1 year ago.
Yes you just go through the process. You can still take them to Court. Unless they prove evidence they have become bankrupt AND your debt was included in that bankruptcy then they are still liable.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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 1 year ago.
Will the fact that they have put forward a repayment proposal count against me ?
Also they have my account details so have set up standing orders to reflect the plan even though I have said I don't believe it to be fair. A payment to me will go through before this gets to court, would that count against me?
I don't believe their proposal is fair, I don't trust them to follow it through with full repayment and want them to pay back quicker or prove their finances.
Expert:  Ash replied 1 year ago.
No, that should not be disclosed that they have made this offer.
Does that help?
Alex
Customer: replied 1 year ago.
Apologies I don't understand what you mean by 'it should not be disclosed''
If I pursue this he is clearly going to put forward that he has offered this repayment plan and made at least one payment on it.
In addition some of the email I have from him confirming he owes the money includes his offer of the plan.
Expert:  Ash replied 1 year ago.
He can't put before a judge any information in relation to offers of repayment made.
It's the rules.
Alex
Customer: replied 1 year ago.
Thank you finally can I ask with regard to your initial advice about writing to him and sending recorded delivery - I know his job means he is on the road a lot of the time so it would be difficult to get a signed for delivery made so am I able to email him the letter or alternatively can I just go straight to the online money claim process ?
Expert:  Ash replied 1 year ago.
Ok - email if you can show it has been delivered. So get a delivery receipt and read receipt.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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