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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How can I get money owed back from a friend

Resolved Question:

How can I get money owed back from a friend
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. How much money are you owed and since when?
Customer: replied 1 year ago.
£500 lent July 23rd 2015. I have all correspondence detailing transactions. Plus gave 3deadlines which were ignored and now he's ignoring my texts and calls. Police came Fri as I'm Agoraphobic and classed as a vulnerable adult. They advised me to contact solicitor but will help in anyway they can. I've offered paying part of it back at a time but still didn't get anything back. He's claiming he has terminal cancer, had car accident, emergency bowel operation every time I've asked for it back. I've been calm and not lost my temper but it's affecting my health. I have a mental health team in place due to agoraphobia and being a victim of domestic violence and psychological abuse. They know about this issue too. I've rang his work and they have no record of the surgery and say he's working as usual.
Customer: replied 1 year ago.
My friend knows all about my condition as we've been friends for 18yrs. He is in full time employment for a wine merchant down in London. Although he isn't based there. When I've rang him he just clicks off or let's answer machine kick in. I've left voice mail pleading with him to contact me but to no avail. My phone records my phone conversations automatically as I have phone consultations once a month with my doctor as I'm unable to physically visit her. Plus my mental health team gives me information over phone so it helps me to keep a record.
Customer: replied 1 year ago.
I've mentioned contacting a solicitor, going to civil court and even told him about police coming yet he still chooses to ignore me. It's through WhatsApp so I know he's been on there and read majority of my texts.
Customer: replied 1 year ago.
I haven't received any answers from you so a little confused as to the £50 offer? I've already paid £28? Kind regards Karyn
Customer: replied 1 year ago.
I am currently on long term benefits so have no income except for this. I have some savings but not alot.
Expert:  Harris replied 1 year ago.
Thanks for confirming. Initially you should write formal letter titled Letter before Claim, outlining the outstanding debt and ways of paying it back and a deadline, after this deadline has expired you should make an application for a money claim which can be done online here: https://www.gov.uk/make-money-claim-online (it is currently down for maintenance but should be back up by tomorrow). You can also claim the court fee on top of the debt.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
I've given him 3 deadlines already which he has ignored. Would I be able to get legal aid do you think? I won't be able to attend court due to my agoraphobia, will this be a problem? Kind regards Karyn
Expert:  Harris replied 1 year ago.
No, legal aid is not available for this matter. If a court hearing is necessary, you will need to make arrangements to attend court. Given your difficulties you need to state this in the application. If he does not defend or respond to the claim then you can apply for a default order, basically the court will decide to make the order on the basis of what you have stated and no response from him and no hearing will be needed.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
I think I understand. Could you possibly give me a rundown of what I should do in order please? Possibly with bullet points so I don't do anything wrong. Eg: 1) Write letter before claim, send recorded del....etc. I just don't want to do anything wrong or in wrong order. Kind regards Karyn
Customer: replied 1 year ago.
If I lose, will the court costs etc be expensive? Couldn't a solicitor write the initial letter before claim so its more official?
Expert:  Harris replied 1 year ago.
1. send him a letter before claim outlining the outstanding debt, since when it was outstanding and the numerous correspondence you have sent requesting this and threatening a claim to court for the damages and court costs as well as a deadline.2. once the deadline passes, you should pursue the online money claim on the site above. The court will provide you with details of dates and what you will need to do regarding the application.A solicitor does not need to prepare the letter as it will only add to your costs. Court costs will only be in relation to your court fees and any representation you instruct if a hearing takes place.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
OK. Thank you so much. Regarding your payment, I've paid the £28 that was quoted when I submitted the first question, so is the £50 an additional cost on top of that? Sorry if I'm being thick. Kind regards Karyn
Expert:  Harris replied 1 year ago.
The extra cost will be only if you need further assistance with this matter - it is optional.
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK. Thank you again for all your help. Kind regards Karyn