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Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
I presume your partner was not in any way part of the agreement you had with him when you lent him the money?
Absolutely not. The agreement was between me and his brother. Today has been the first time he has mentioned monies he has lent his brother over the years
ok thanks let me get my response ready please
You could pursue this person for the money owed, even if there was no written agreement in place. A legally binding contract would be in existence in any event as that would have been implied in the circumstances. If the person has failed to repay the money as agreed and in turn breached your original agreement then you are able to consider the small claims track route to try and get that back. The fact that your partner owes him money is irrelevant here – the contract in your case was between you and that person, it makes no difference if your partner owes them money separately – they cannot offset that from the money you are owed.
In terms of taking the mater forward from here, as legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
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