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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11426
Experience:  30 years as a practising solicitor.
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I need advice on my younger sisters behalf. She wrote an

Customer Question

I need advice on my younger sisters behalf.
She wrote an argeement to lend a friend and her partner money and it was signed by herself the couple borrowing the money and their parents. This should have been £4500 and no more. It should have been paid off bit by bit steady in one year.
However the friend helped herself to the rest of the money in the account and has paid back only £2500 and has made no effort to pay this for months. My sister had over £7000 in that account 5 which she was left to her when her grandmother died! She is desperatly trying to get a house and so on bt she can only think about this money problem and has heard nothign from the friends in months! What can she do?
A far as i can see this is theft - however she did give her friend her bank card and she knew something was wrong when the friend made consistent excusses not to give it back! Please help thanks.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
If she hasn't already done so she should cancel the bank card. That should never have been handed over of course.
Your sister can sue on the loan agreement and for anything taken over and above. It might be theft but frankly that is a criminal matter, the police won't be interested and will say that it is a civil matter, and the police certainly don't have the power to get the money back. So your sister will have to get a good civil court solicitor and raise proceedings for payment in the sheriff court.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, thanks very much for your help. I am praying that now we know where she stands the threat should be enough. However if this is not the case i guess going to court and so on will be the only way to solve it. I am unsure as to how it would work with the friend being sued as she is infact claiming benifits and now i understand the reason this money was needed is she was in arears for not notifying the council she had a partner staying in the house. this meant her rent should have went up and was back dated.

If she was to sue how do you think the repayments would work? do you think they would feel sorry for her and only make her pay a low amount monthly?

thanks

jodie

Expert:  JGM replied 2 years ago.
Typically a time to pay order would only be made if the amount could be repaid in full within a year. That seems unlikely here so any attempt for time to pay should be resisted.