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:-
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:-
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.
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