How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I lent a friend a substantial amount of money over the

Customer Question

Hi
I lent a friend a substantial amount of money over the period of eight months. This included some cash, some bank transfers and the payment of solicitors fees to the total of £7300.
I have bank statements to show every transaction.
Because we were friends I never thought to obtain anything in writing but it was always agreed that when he had more work, he would be in a position to start paying me back, which was fine.
Having been working long hours since October, he keeps promising to pay me but so far has not given me anything.
I have text conversations between us showing that the intent was there....how do I stand legally with getting paid back? Is it enough to have texts to prove I didn't just give it to him as a gift??
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did you lend the money?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - When did you lend the money?
Customer: replied 1 year ago.
The first transfer was on 29th December 2014 and the last was August 2015
Expert:  Ben Jones replied 1 year ago.
Texts can indeed be used as evidence but would not necessarily be the deciding factor in such claims. The court is also likely to rely on your on personal evidence and that of the other person.
When it comes to assessing factual disputes, where it is essentially one person’s word against another’s, the courts have developed certain tests that would be applied that would help them decide how much weight to attach to each side's evidence. As a general rule, the following are some of the more widely used tests:
• Demeanour - includes matters such as a person’s conduct, manner, bearing, behaviour, delivery and inflexion. They are matters of impression, which are not necessarily revealed by reading a transcript of evidence. It is the more 'personal' side of the individual providing the evidence
• Inconsistency – mainly to do with any apparent inconsistencies in a person’s evidence
• Probability – this would ask of the evidence as a whole, or of a particular part of it: whose account is more probable in the circumstances?
So the courts will apply these or other similar tests in coming to a decision that they believe is fair in the circumstances. Together with any documentary evidence, such as texts, bank statement will be used to make a decision, which in the circumstances has a greater chance of going in your favour.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to pursue this money, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I wouldn't be looking into going down this route if it hadn't have been for some aggressive and rude texts I received after asking him if he'd been to the bank to pay any money in.
Expert:  Ben Jones replied 1 year ago.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Ok ...thank you. I've already drafted a letter which lists the dates and amounts of each transaction. Should I also state how much and at what interval I would like the repayments? i.e. £100 per month or give a time in the future when I would expect all money to be repaid?
Customer: replied 1 year ago.
I've just reread your advice and the initial letter just needs to be a reminder. Sorry!
Expert:  Ben Jones replied 1 year ago.
No worries, yes you can state details of repayment as you wish
Customer: replied 1 year ago.
Brilliant! Thank you!
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

Related Law Questions