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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am involved in a dispute about a personal loan of £30,000.

Resolved Question:

I am involved in a dispute about a personal loan of £30,000. According to my calculations, I have settled this debt in full. According to the person who loaned me the money, I still owe over £12,000.
The dispute is in relation to as to what we agreed counts as payment toward the loan. Nothing was written down, but I know what was agreed and my records confirm large payments I made on behalf of the lender once our arrangement was agreed. He is now saying that these large payments I made were nothing more than goodwill!
As nothing was written down, neither one of can "prove" a position,but it appears the lender is now suing me for the balance outstanding of the loan. What should I do?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long has it been since you borrowed the money? Also, would you have any bank withdrawal records to prove the large amounts of money you paid?

Customer: replied 10 months ago.
Thank you - what immediate comments can you provide?
Customer: replied 10 months ago.
The arrangement began in 2011, and I've now ended it from my side - thus prompting the dispute! I do indeed have full bank records of all payments made.
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Many thanks.
Expert:  Ben Jones replied 10 months ago.

No problem at all.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. There is nothing stopping the other party from initiating legal proceedings to pursue you for what they believe they are still due under this agreement. However, as it is their claim, it would be for them to prove to the court and convince the judge that what they are arguing is indeed correct. If they are claiming that you made goodwill payments to them, then that would certainly be questioned – what was the actual purpose of these payments, was there some other reason as to why you would have made them, is there evidence to support that, etc. People do not just send money out of ‘goodwill’. Maybe they will if they are close family and help each other out or if there is clear evidence that someone has agreed to do this (i.e. conversations to back this up), but in the absence of such evidence it is unlikely a court will just agree that they are goodwill payments for no apparent reason. So in the circumstances it may be best if you advise the other party that they will unlikely have the required evidence to convince a court these payments were unrelated to the loan repayment and that such a claim would be a waste of time. Not only that but you will also hold them liable for any legal fees you have incurred as a result of having to defend this. In conclusion, as mentioned they cannot be stopped from issuing a claim but they would also be required to prove what they are trying to claim is true.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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