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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47405
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I lent my friend £8,400 so they could do an LPC course in

Customer Question

I lent my friend £8,400 so they could do an LPC course in Swansea University. I underpinned it with a formal loan agreement, which was witnessed. My friend is now refusing to honour the agreement and moves to China in 2 weeks. Is there anything I can do to get them to honour the agreement?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are they moving back there permanenty?

Customer: replied 11 months ago.
Hi Ben - they say that they are. They have sold everything and I believe that this is the intention
Expert:  Ben Jones replied 11 months ago.

It will make it rather difficult for you in the circumstances I’m afraid. Obviously you do have the right to consider a small claims court claim to pursue this but it takes time and whilst you will probably get a judgment in your favour, you cannot just enforce it abroad and will need to get it transferred to a Chinese one and then use local laws to enforce it. that will inevitably increase the costs substantially.

You may have been able to get some kind of emergency injunction to try and prevent the sale of assets but if the sales have already been completed then that would be a bit too late to consider this.

So realistically it is going to be very difficult to pursue this legally as once they leave the country, enforcing a UK judgment abroad will become rather expensive. Also before they leave there is not much you can do if they have no assets left, for example you cannot stop them from leaving the country so you are relying on them to voluntarily pay this to get it back.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 11 months ago.
I know that they have savings of c£2k in the UK bank account - could i enforce an injunction and if so, what do i need to do please?
Expert:  Ben Jones replied 11 months ago.

Sorry I had to leave the office to travel home earlier. You would have to seek an injunction through the courts (most likely an interim injunction called a freezing order) which prevents the person from disposing of or dealing with certain assets. The issue is that you would be best advised to see a solicitor in person with helping you apply for this as it is quite technical and you need to get the right wording and correctly draft it. So look for any civil litigation lawyer near you - they should be able to help.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.