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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47848
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I have lent a friend £28000 whose not paid me back how can i

Customer Question

I have lent a friend £28000 whose not paid me back how can i get my money back
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello when did you lend the money?

Customer: replied 1 year ago.
Over the last two years .
Customer: replied 1 year ago.
Lent him to pay he's debts buy a car
Expert:  Ben Jones replied 1 year ago.

Hello, sorry I was offline by the time you had replied. Unless it was clearly agreed that this money was a gift, it would be treated as a loan which you can request a repayment of. You may have agreed specific terms for repayment but if you did not, then you are able to make a formal request for its repayment at any time. If the borrower does not take steps to repay it, then you have the option of considering the county court where you can make a formal claim to take this further. If you win, which you should not have many issues doing, you will have a county court judgment in your favour which you could then try and enforce, such as by using bailiffs or any of the other enforcement options available.

This is your basic legal position. I have more detailed advice for you in terms of the formal steps you need to take should you decide to pursue this down the legal route, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 1 year ago.
How do I go about getting a county court judgement
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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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.
I have sent letters but I've never registered them. He's got two address one where he lives through the week with he's mother while working in London. The other ones in Cornwall where he's family home is should I sent a letter to both address.
Expert:  Ben Jones replied 1 year ago.

It is not a legal requirement to have sent letters by recorded delivery, that is just a recommendation. If you have two addresses for him then it is indeed a good idea to send the letters to both in case he does not visit one place as often as you may think

Customer: replied 1 year ago.
Thank you. You have been amazing
Expert:  Ben Jones replied 1 year ago.

You are welcome, best of luck