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Miles Bentley
Miles Bentley, Senior Solicitor
Category: Law
Satisfied Customers: 887
Experience:  BA (Hons), CPE, LPC
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Wales Uk, None just some advice needed please, I am looking

This answer was rated:

Hi Pearl
JA: Where is this? It matters because laws vary by location.
Customer: Wales Uk
JA: What steps have been taken so far?
Customer: None just some advice needed please
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am looking to see if I can get money back from someone who I lent a lot of money to. He us refusing to pay me back

Good Afternoon

I am sorry to learn of your situation. I am a Qualified Solicitor with over 20 Years of experience in the UK.
I will assist you with your query today, please confirm:-

1. Who did you loan the money to?

2. How much did you loan?

3. When did you loan the money?

4. What is the ideal outcome you want to achieve?

Please be aware this is an email not chat service.

If you wish to discuss this matter over a LIVE Phone Call, I shall be delighted to talk with you in greater detail.

Thanks

Customer: replied 7 days ago.
It's a long story
1. A 'friend's who needed money at the time and said he will pay me back. It was about 10k then he invited me to be partners in his business and had me working for nothing while he said it was growing.2. In excess of 11k3. First installment was 5k in may 2018 and then throughout the year4 to retrieve this money

Thank you for the additional information - 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. Many Thanks.

Customer: replied 7 days ago.
Thank you very much Miles. Appreciate it

Thank you for your patience.

The normal presumption between friends is that there is "no intention to create legal relations". However, if there is clear evidence via conduct or otherwise that your friend had agreed to pay back the loan then you may be able to make a civil claim against him.

You need to make it clear to him in a formal "Letter Before Action" that you will bring an action in the County Court for "Breach of Contract" unless he pays the £11,000 within say, 14 Days.

Please see the attached template Letter Before Action:-

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

The letter needs amending slightly to your individual circumstances.

If the fails to pay up or come to an arrangement then you can proceed to issue a Claim.

To Issue at Court, you need to complete a Form N1 together with the appropriate Court Fee. The Court Fee would be based on the value of the Claim.

There is nothing stopping you from Issuing the Claim yourself.

I also attach herewith a link that will assist you in issuing the Claim should you wish to do this yourself:-

https://www.gov.uk/make-court-claim-for-money

You can issue the claim either in a paper and at your local court or you can do the claim online via MCOL, the attached link above will explain how it all works. If, however you are more comfortable with a solicitor to deal with this on your behalf, then you need to seek the services of a "litigation solicitor", a quick search of this term, in your Internet browser should reveal a number of local solicitors. Although not necessary, I would normally advise a personal appointment (but this is not currently possible due to Covid -19 Pandemic) , I would ask for a free half hour interview with your local solicitor and also to see if they are prepared to work on a "fixed fee basis" to help you pursue your case. Fixed Fees we will give you certainty in terms of cost and also allow you to budget for the litigation

As your case is valued over £10,000 and would be issued in the County Court then please be advised that both parties are entitled to recover their solicitors’ costs if they use a solicitor and win the case.

Does that Answer your Question?

Customer: replied 7 days ago.
Thank you Miles this is great advice. Appreciate your time in the matter

You are Welcome. However, before leaving the site today, Please will you kindly a Rating by clicking the STARS on the top of your screen.

Thanks

Miles Bentley and other Law Specialists are ready to help you
Customer: replied 6 days ago.
of course

All the Best!