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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2988
Experience:  Dual qualified Solicitor and Attorney
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I have a friend I loaned money too and is refusing to pay me

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I have a friend I loaned money too and is refusing to pay me back £2760 to be exact
Assistant: Where are you? It matters because laws vary by location.
Customer: Uk ,London
Assistant: What steps have you taken so far?
Customer: about to start a small claims court application
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Wondering what I should do?
Customer: replied 13 days ago.
What steps can be taken to get the money off of him? Because I know he won’t pay

Hi thank you for your message, if you have evidence to show this was clearly intended to be a loan such as texts or written evidence that this was a loan you can take legal action. You will need to contact them in writing and state you want the money back within 14 days or you will start legal action.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 13 days ago.
Thank you for your response,
Can bailiffs be sent to the family members of the defendants address if they previously lived with them? Or mother’s address

Hi thank you for your message, any house associated with the defendant could be used. For example if they have mail delivered to an address or that address is on their driving licence registered with DVLA then the bailiffs can go there. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you very much will give you five stars
Another question
If someone has assaulted can you sue them?
How much would it cost?
And what could you get out of it?
Customer: replied 13 days ago.
Can you get money for damages?

Hi thank you for your message, if someone has assaulted you then yes you can sue them. Costs very depending on the lawyer involved. Damages again can vary greatly a nominal amount would be a few hundred pounds and at the top end it could be a couple of thousand.