How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Law Question Here...
Harris is online now

I agreed to lod my fathers friend £4000 3 years ago. He has

This answer was rated:

I agreed to lod my fathers friend £4000 3 years ago. He has not paid me back yet and he will not give me a schedule to pay. I dont have written evidence of the loan but I have kept text messages and i have evidence of tge bank transfer of the amount. My question is do i have grounds to take him to court even witgout write. Evidence of the loan. Can i do this at the small claims court process online?
Hi, thanks for your question.
Yes, you are able to proceed with the claim online and provide explanation in the claim regarding how the loan was provided and reasons for loan to demonstrate that there was some sort of verbal agreement. If he does not agree to the claim then the court will list the matter for a hearing where the judge will make a decision.
The text messages, depending on what is said in them, may help your case to demonstrate that it was a loan, and not a gift.
Please let me know if you have any further questions.
Please rate positively if you found this helpful.
Customer: replied 2 years ago.
That was helpful thank you. Just one more point: im not sure of this but he may have previously filed for bankruptcy (maybe over a year ago) although i cant confirm this because i looked him up on the insolvency register and couldnt find him. Will it change my right of claim if he had filed for bankruptcy?
Potentially, but it would be for him to file this in his defence.
Customer: replied 2 years ago.
and if he does confirm his bankruptcy to the court does that mean he wouldnt have to pay up
If he is bankrupt then you will need to register as a creditor to attempt to obtain a repayment from any assets. You are not guaranteed a repayment in this event.
Please rate positively if you found this helpful.
Harris and other Law Specialists are ready to help you