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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61283
Experience:  Qualified Solicitor
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Loaned money, person refusing to repay Assistant: Where is

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Loaned money, person refusing to repay
Assistant: Where is this? It matters because laws vary by location.
Customer: Glasgow
Assistant: What steps have been taken so far?
Customer: Just myself chasing for the money to be repaid. It is now being ignored by this person
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

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.

How much did you loan and how long ago was this?

Customer: replied 15 days ago.
Loan ended up 5000, was to be paid in full april, have had to constantly ask for it to be paid back, have received 1900 since april, now my messages are being ignored

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 should be sent a formal letter before court 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 https://www.scotcourts.gov.uk/taking-action/simple-procedure. 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.

 

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