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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50483
Experience:  Qualified Solicitor
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I borrowed money to a friend over a year ago and he still

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I borrowed money to a friend over a year ago and he still hasn’t given it back and changed address without telling me. He still has the same mobile number and keeps saying he will give it back. I just need some advice how to get it back or sort it out legally?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Do you have a correspondence address for him?

Customer: replied 4 months ago.
No I only know his previous address as I have been there before but I don’t know where he lives. I only have his mobile number and his father’s number whom I also reached out to for help with no success

How much does he owe?

Customer: replied 4 months ago.
163;10,000, I know it’s a big amount
Customer: replied 4 months ago.
Would really appreciate if you could help me find a way to solve this issue
Customer: replied 4 months ago.
I have text messages to prove I gave the money and also bank statements but just need a way to get it back

I can tell you the steps you need to follow but you need an address for him as without one you cannot really do much. Yiu can use his last known address to do it but if he does not receive it and deal with it then it may be somewhat pointless. It will still give you a county court judgment against him but to enforce it you need to know where he is and where his assets are

Customer: replied 4 months ago.
I understand but if I get a court order sent to his old address, is it still possible to find him? And is there another way to find him through bank details?
Customer: replied 4 months ago.
Also it would be really helpful to know what steps I need to take

The banks will certainly not release any information on him due to data protection. You could try www.192.com which searches the electoral register.

In any event, if a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the debt in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 4 months ago.
I’ve already tried by sending him a reminder letter through text because I don’t know his new address and he keeps saying he will give it but still hasn’t given anything. So it seems I need to make a money claim through that website but I’m worried he won’t even get the letter
Customer: replied 4 months ago.
Also the 192 website I’ve searched for him and only shows his old address
Customer: replied 4 months ago.
Thank you for your help I understand it’s quite late but thank you for your advice
Customer: replied 4 months ago.
If this is all the info I need to know then I will rate it after we’re finished

he may not get the letter, but legally you can make the claim with the old address. It's just that even if you win you are not guaranteed payment, but you will have a judgment which you can enforce against him if you find where he lives or has assets. If you never find that out you may not necessarily get anything back. Also some people use private investigators to trace a person, they are quite good at it but will cost obviously

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