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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10911
Experience:  30 years as a practising solicitor.
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Hi do I have any right to expect my friend to take responsibility

Resolved Question:

Hi do I have any right to expect my friend to take responsibility for paying off a van he got that I paid for on my credit cards . The van went in his name an he agreed to pay it off but didn't an now I'm off on the sick ( broken ankle) an can't keep up the payments x please help
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If there was an agreement that you would make the payments and he would refund you then yes you can hold him to that agreement. I presume that the can was bought for his use and that he asked you to make the payments for him as some kind of a loan. If that is not the case then I am happy to discuss further with you if you let me have further information.

In the meantime I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Yes he broke down an I was with him. It was Easter weekend an I didn't have the cash so used my credit cards .van cost £9.600 an he said he was due ppi an would clear the debt .after a year I begged him to pay money into credit cards but he said he couldn't afford it . He lied about his income to me .he continually told me to go bankrupt but he eventually returned the van in August but has refused to make any payment . Can I make him responsible for the debt as he promised to pay it monthly .
Expert:  JGM replied 3 years ago.
You are still responsible to your credit card company but yes you can sue him for the money he owes you. If it is under £3000 you can use the small claim court. Go to www.scotcoirts.gov.uk to get the for a you need.

Happy to discuss further.
Customer: replied 3 years ago.
Basically the amount owing is £3.200 plus two yrs interest . Is he liable for interest or am I liable . Could u tell me honestly how much an how long this would take if I took him to small claims . Thanks
Expert:  JGM replied 3 years ago.
As the amount is over £3000 you can't use the small claim court unless you restrict your claim to £3000. If you claim the full £3200 and interest you have to use summary sheriff court procedure and should use a solicitor.

Either procedure from start to finish would typically take about 4 to 6 months.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10911
Experience: 30 years as a practising solicitor.
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