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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4417
Experience:  Solicitor
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Can I take someone to court for money that is owed that I

Customer Question

Can I take someone to court for money that is owed that I lent to them and they said they would pay it back
I do not have any proof apart from a letter that has been signed to say that he would pay back the £3000 that I lent him over the course of 4 years when he got a job
Now he has a job and he won't pay back anything so woukd I be able to take him to the small claims court and if yes would I be able to get the money and get someone to collect it for me
He started a proper job as a doorman and since then has taken a car out on finance but still won't pay me back anything
His told me there is no way I can make him pay it back
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

For now please let me know how the £3000 was paid? Was it cash or bank transfer?

Customer: replied 11 months ago.
Like I said it was for a wide range of different things that have built up over 4 years
Always cash for different things like Christmas, his wife's birthday, a washing machine
I have no proof as my phone was stolen all I do have is a hand written letter to say he agreed to pay me back which he signed
Expert:  Jamie-Law replied 11 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Does it matter that o haven't got proof apart from the letter he signed
Expert:  Jamie-Law replied 11 months ago.

No. all you have to show is on balance. The letter will be fine.

Does that clairfy?

Customer: replied 11 months ago.
Ok thanks
Just lastly what if he just says he can't pay so won't
He now has a job and has a car in finance so can they make him pay
Expert:  Jamie-Law replied 11 months ago.

Yes that is right, you can enforce the judgment.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Expert:  Jamie-Law replied 11 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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