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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61305
Experience:  Qualified Solicitor
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A friend borrowed over £500 from me and is now saying she

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Hello, a friend borrowed over £500 from me and is now saying she won’t return the money. What do I do ?
Assistant: Where is the friend? It matters because laws vary by location.
Customer: She lives in Maidstone with her boyfriend but is originally from Orpington
Assistant: What steps have been taken so far?
Customer: Nothing I’ve tried speaking to her and aski nig for her to repay me something like £50 a month but is still refusing. No other action has been taken
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The money was for a holiday we went on. She also broke her toe on holiday and is trying to sue the hotel but when she broke her toe she had no insurance so she took out insurance so she could pay to get home. I’ve spoken to her mum and she’s borrowed money off of numerous people and has payed nothing back to anyone.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

When did you loan the money?

Customer: replied 17 days ago.
I’ll find a receipt for the holiday. Hold on
Customer: replied 17 days ago.
I paid for the holiday on the 30/5/2019

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. 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.

 

Does this answer your query?

 

Customer: replied 17 days ago.
Yes slightly helpful, I have no address for the girl who owes me the money, only an address for her grandparents who she spends most of her time with.

you would need an address for her. You may wish to try and locate her using the Electoral Register at www.192.com and if all fails you could potentially use the only address you have for her. Does this clarify things a bit more for you?

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