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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69035
Experience:  Qualified Solicitor
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Assistant: How can I help? I loaned someone £10,000 in April

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Hi
Assistant: Hello. How can I help?
Customer: I loaned someone £10,000 in April 2019. We wrote up a contract and the agreement was that I would receive 1000 a month each month until its paid. We are now in 2020 and I have only received 3k. Am I able to take him to court for missed payments. He has caused me to go into debt due to him letting me down.
Assistant: Where are you? It matters because laws vary by location.
Customer: I'm in scotland
Assistant: What steps have you taken so far?
Customer: Nothing so far.. Apart from continually asking him when he can pay with nothing materialising
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: How I can proceed to get this money back

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

Has this person provided any reason at all for not keeping up with the repayments?

Customer: replied 6 months ago.
Ok
Customer: replied 6 months ago.
They keep telling me they have no work and are living off their partners wage
Customer: replied 6 months ago.
they will start paying me when they have work again

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. You can indeed consider taking this person to court to pursue them for the balance that is owed, on the basis that they have breached the original agreement that was in place.

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. Details on how to commence a claim can be found here:

https://www.scotcourts.gov.uk/taking-action/ordinary-cause. 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 6 months ago.
If I have done all of the above and decide to take it to court, can the defendant decide to pay less than the agreed amount than what was first agreed?

Not really, no – the original amount would still be what they legally owe, less any payments made to date. Does this clarify things a bit more for you?

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks that's appreciated.

All the best