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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I loaned a friend 10 thousand pounds over 10 years ago upon

Customer Question

I loaned a friend 10 thousand pounds over 10 years ago upon repeatedly asking for the monies I have received nothing.I have no proof other than a mutual friend who also loaned the same person the same amount,fortunately he retrieved his monies in drips but after many arguments and physical exchanges.I would rather avoid this.please can you [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know how I can legaly get my money back

Expert:  Jo C. replied 3 years ago.
How long ago has this person acknowledged this debt ?

Customer: replied 3 years ago.

since 2oo1

Expert:  Jo C. replied 3 years ago.
Thats bad news.

Is there any reason you've left it this long to act?
Customer: replied 3 years ago.

this person kept on promising to pay.the money was loaned for a business which he still runs but I feel intimidated and this person would rather be violent toward me





Expert:  Jo C. replied 3 years ago.

But when did he last promise to pay?
Customer: replied 3 years ago.

last week

Expert:  Jo C. replied 3 years ago.
Was that verbal or in writing ?
Customer: replied 3 years ago.

its always been verbal

Expert:  Jo C. replied 3 years ago.
Thank you.

It's a difficult situation. Clearly you are owed the money. I imagine that it would be easy enough to prove that you made the transfer of this amount and that gives rise to an inference that there was an agreement to repay it that probably would be sufficient for the civil courts.

The difficulty is that it's such an old debt. You had 6 years from the date of last acknowledgement to sue under the Limitation act 1980. In fact, if this person has recently acknowledged the debt verbally then you can rely on that but obviously you take the risk that he will deny that acknowledgement. It is only a risk rather than a certainty. People often do not take the points that they should be taking.

The other problem that you may want to consider is that if you are owed £10,000 then when costs are added you face the risk of this exceeding the Small Claims Court. In fact, if you can get his consent that this be heard at the Small Claims Court then probably it would be. He is likely to agree to that because it will reduce his costs too but obviously nobody can guarantee that.

In any event, the thing to do is to send him one letter by recorded delivery giving him 28 days to make a payment proposal and begin paying and setting down that in defaults you will sue. If he does not respond favourably then you can issue here

Can I clarify anything for you?