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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74428
Experience:  Qualified Solicitor
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I loaned a friend /ex some money not a lot but I’m worried

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I loaned a friend /ex some money not a lot but I’m worried he won’t give me it back as he’s impto pay it back is there anything I can do ?
JA: Where are you? It matters because laws vary by location.
Customer: I am in Glasgow
JA: What steps have you taken so far?
Customer: None cause I don’t know what to do he is on benefits and gets paid every two weeks and that is next week I speak to him on the phone. He struggles with health issues and I’ve just received a text saying I’m not getting it back and doesn’t want to speak to me again because I have been asking him.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He also has anger issues and is known to the police and can be physically abusive and violent.

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.

How much did you lend and what do you specifically want to know about this, please?

Customer: replied 1 year ago.
163;290 I know it’s not much but I am also on benefits and do need this amount back is there anything I can do to get it back?

There are indeed options. 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. A claim can be commenced online by going to www.moneyclaim.gov.uk. 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 1 year ago.
thank you for your help

You are most welcome

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