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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44941
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Someone gave me £300 18 months ago in order to purchase

Customer Question

Hello. Someone gave me £300 18 months ago in order to purchase an item for my business. The money was given in cash with no contract or reciept. They are now threatening to go through the small claims court. At the time I did agree I would pay back money if I could (the purchase unfortunately didn't earn me any money and I have since ceased my business due to financial issues) please can you advise if they have a case
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello why are you unwilling to give that money back?
Customer: replied 9 months ago.
It's not that I am unwilling. I am struggling financially and just dont have any spare cash. I have also been threatened in the street by friends of hers over this and had slanderous coments written about me and my business all over social media to which I have ignored but have caused me undue stress and I have had to relocate my business and change it completely due to all of this going on
Expert:  Ben Jones replied 9 months ago.
The starting point is that this would be treated as a loan, even if there was nothing in writing to back this up. In reality it was a loan – it was money given to you on the understanding that would be reimbursed at a later stage. They are entirely within their right to make a claim in the small claims court over this and they can pursue you for it. You can try and argue that the condition for repayment was that you would only do so when you were in a position to repay it. The issue with that is that you could try and say you are never able to repay it and avoid liability indefinitely – at some point however you would have to pay it back. So yes, they do have a potential case and they cannot be stopped from making the claim, you should however try to make it clear that even if they make a claim you would not be able to repay them immediately, so they will just be incurring more costs and spending time on something which will not guarantee immediate repayment. So try to agree some sort of repayment plan between you and make attempt to start repaying this bit by bit. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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