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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I agreed to lod my fathers friend £4000 3 years ago. He has

Resolved Question:

I agreed to lod my fathers friend £4000 3 years ago. He has not paid me back yet and he will not give me a schedule to pay. I dont have written evidence of the loan but I have kept text messages and i have evidence of tge bank transfer of the amount. My question is do i have grounds to take him to court even witgout write. Evidence of the loan. Can i do this at the small claims court process online?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Yes, you are able to proceed with the claim online and provide explanation in the claim regarding how the loan was provided and reasons for loan to demonstrate that there was some sort of verbal agreement. If he does not agree to the claim then the court will list the matter for a hearing where the judge will make a decision.
The text messages, depending on what is said in them, may help your case to demonstrate that it was a loan, and not a gift.
Please let me know if you have any further questions.
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Customer: replied 1 year ago.
That was helpful thank you. Just one more point: im not sure of this but he may have previously filed for bankruptcy (maybe over a year ago) although i cant confirm this because i looked him up on the insolvency register and couldnt find him. Will it change my right of claim if he had filed for bankruptcy?
Expert:  Harris replied 1 year ago.
Potentially, but it would be for him to file this in his defence.
Customer: replied 1 year ago.
and if he does confirm his bankruptcy to the court does that mean he wouldnt have to pay up
Expert:  Harris replied 1 year ago.
If he is bankrupt then you will need to register as a creditor to attempt to obtain a repayment from any assets. You are not guaranteed a repayment in this event.
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