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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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A friend asked for my financial help to purchase a van he was

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A friend asked for my financial help to purchase a van he was applying to become a security dog patrol handler and a dog and a van was a requirement before he could do the training course to become certificated. He had purchased a dog but did not have enough money to purchase a van. He asked me for a personal loan, I agreed, he found a suitable vehicle and asked me to pay for it. I purchased the van, got a receipt and documents, the seller required that I fill in the Registration document to be sent back to D.V.L.A so I entered my details and received the part of the document I should keep until I received the updated Registration document. I returned with the van which I showed to my friend, we checked it over and discovered a problem with the rear discs, he took the van to a repair garage and the rear hubs, discs and callipers were replaced. My friend asked me to add the cost of repair to his loan, I again agreed. He promised me that he would pay me back by instalments as soon as he had the job with the security firm who were conducting the training. He passed the course, is using the van in pursuit of his employment but is now refusing to pay me back the money I loaned him. Although he is the keeper of the vehicle, as he has not paid me I am still the legal owner of the vehicle. Can he be made to return it to me or do I have to take him to court to make him pay back the personal loan. Can I report this matter to the Fraud Squad of the local Police force on the grounds that he has acquired this van by deception, never intending to pay me back and defrauding me of my money. The sums involved are £2440.00 for the purchase of the van and £510.00 for the cost of repairs.
My name isXXXXX and I'm happy to help with your question today.

There's probably little point in trying to get the van back - its probably depreciated and you'd then have the headache of trying to sell it to recover some money. Also I wouldn't bother with the police, the arrangement is a loan and non-payment is a debt. Both of these are civil issues not criminal.

Your best option is to sue your friend for the money you loaned him plus interest. Once you obtsina judgment you can enforce it in a number of way e.g. getting bailiffs to seize the van, deducting money from his bank account or wages or by making him bankrupt.

I suggest you write to him giving him 14 days to pay the sum he owes. If he does not, then commence court action on the 15 day.

Customer: replied 4 years ago.

Thank you for your reply. I have not lived in Scotland for very long and am unfamiliar with the Scots Law system. Will I have to employ a solicitor in order to sue my friend or do I go the court and apply in person?

Good morning!

Its not absolutely necessary to instruct a solicitor, you can deal with the matter yourself. If needed I am happy to take you through each of the steps from writing the letter to commencing action. However, if you do instruct a solicitor then expect to pay at least £1,000 pus VAT.
Alice H and other Law Specialists are ready to help you

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know.

Alex Hughes