Does anybody work in the legal industry on here??

Andy Waller · **Posted:** Tue Jan 10, 2012 2:24 pm

Could do with some advice! Nothing too interesting sorry!

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 2:31 pm

Go on, try me.

Andy Waller · **Posted:** Tue Jan 10, 2012 2:43 pm

Basically, I lent a "friend" some money 12 months ago (I transferred it between accounts so I have a record of the transaction) and, despite countless efforts to get it back, nothing is happening. Would I be able to take this to the Small Claims Court?

Bruce Rioja · **Posted:** Tue Jan 10, 2012 2:46 pm

Well you're a knob then!

Happy to oblige

Gary the Enfield · **Posted:** Tue Jan 10, 2012 2:54 pm

Andy Waller wrote:

Basically, I lent a "friend" some money 12 months ago (I transferred it between accounts so I have a record of the transaction) and, despite countless efforts to get it back, nothing is happening. Would I be able to take this to the Small Claims Court?

What was his response when you asked for it back?

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 3:01 pm

Andy Waller wrote:

Basically, I lent a "friend" some money 12 months ago (I transferred it between accounts so I have a record of the transaction) and, despite countless efforts to get it back, nothing is happening. Would I be able to take this to the Small Claims Court?

Yes - I'm guessing the amount is under £5,000?

It's not so much a 'small claims court' as a 'small claims track', which the case will be allocated to when you apply to your local county court (which is to say that certain procedural rules for small claims apply).

I'm not an expert in this area by any means and I don't know of any other examples of 'friendly' (I'm guessing you weren't lending on the basis that the loan would generate interest?) loans going bad being settled in this way.

My only advice is make sure you've made everything crystal clear in writing one last time, including an offer of mediation to resolve the problem without going to court (this last bit is important in getting your case viewed favourably).

Good luck.

Andy Waller · **Posted:** Tue Jan 10, 2012 3:38 pm

mummywhycantieatcrayons wrote:

Andy Waller wrote:

Basically, I lent a "friend" some money 12 months ago (I transferred it between accounts so I have a record of the transaction) and, despite countless efforts to get it back, nothing is happening. Would I be able to take this to the Small Claims Court?

Yes - I'm guessing the amount is under £5,000?

It's not so much a 'small claims court' as a 'small claims track', which the case will be allocated to when you apply to your local county court (which is to say that certain procedural rules for small claims apply).

I'm not an expert in this area by any means and I don't know of any other examples of 'friendly' (I'm guessing you weren't lending on the basis that the loan would generate interest?) loans going bad being settled in this way.

My only advice is make sure you've made everything crystal clear in writing one last time, including an offer of mediation to resolve the problem without going to court (this last bit is important in getting your case viewed favourably).

Good luck.

I'm composing a letter, of which I'll keep a copy and send it recorded delivery.

Thank's for your help anyway, it's appreciated.

If you need to know anything about cars, I owe you one!

Andy Waller · **Posted:** Tue Jan 10, 2012 3:41 pm

Bruce Rioja wrote:

Well you're a knob then!

Happy to oblige

Thank's for the advice but, as you seem to rate Klasnic, I'm going to assume you're mentally retarded and discount it.

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 3:52 pm

No problem - I can't see myself getting a car in London anytime soon, but thanks!

Remember to set a clear date by which, if you haven't heard back, you will file a claim with the county court. I know you've waited a long time, but if you say a month from the date of posting the letter, then it's clear that you've given this person every possible opportunity.

One more thing - you wouldn't necessarily get court costs back if you win. PM me if you want to discuss whether it's worth it.

Worthy4England · **Posted:** Tue Jan 10, 2012 3:59 pm

Could I suggest a small investment in a Louisville Slugger.

Should resolve the issue without recourse to the claims courts, or to the hassle of judgement potentially going against you.

Time limit is almost instantaneous.

Gary the Enfield · **Posted:** Tue Jan 10, 2012 4:11 pm

Worthy4England wrote:

Could I suggest a small investment in a Louisville Slugger.

Should resolve the issue without recourse to the claims courts, or to the hassle of judgement potentially going against you.

Time limit is almost instantaneous.

I have one to lend (for a reasonable fee)

bobo the clown · **Posted:** Tue Jan 10, 2012 4:13 pm

I'd assume the 'transaction', provable as it may be that you made it, doesn't have any terms, time scales, penalties or even confirmation that it has to be repaid ? ie, a guy was in trouble & you bailed him out ... with an 'understanding' that he'd repay you ?

In that case, if he's willing to brazen it out I'm unsure you have the proverbial leg to stand on (mummy may correct me).

Therefore W4E & myself will be round as soon as you ask.

I do mediation work, but it's far more expensive than this approach.

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 4:16 pm

Also worth a 'polite' mention of the fact that a judgment against this person would be very damaging for his/her credit record, and that's the last thing that you want...

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 4:19 pm

bobo the clown wrote:

I'd assume the 'transaction', provable as it may be that you made it, doesn't have any terms, time scales, penalties or even confirmation that it has to be repaid ? ie, a guy was in trouble & you bailed him out ... with an 'understanding' that he'd repay you ?

In that case, if he's willing to brazen it out I'm unsure you have the proverbial leg to stand on (mummy may correct me).

Depends what you mean.

You're right that it's evidentially very difficult and that it might well be possible for him to perjure his way out of the situation.

But AW is legally entitled to be repaid.

BWFC_Insane · **Posted:** Tue Jan 10, 2012 4:22 pm

Quick answer: Judge Judy.....

bobo the clown · **Posted:** Tue Jan 10, 2012 4:24 pm

mummywhycantieatcrayons wrote:

bobo the clown wrote:

I'd assume the 'transaction', provable as it may be that you made it, doesn't have any terms, time scales, penalties or even confirmation that it has to be repaid ? ie, a guy was in trouble & you bailed him out ... with an 'understanding' that he'd repay you ?

In that case, if he's willing to brazen it out I'm unsure you have the proverbial leg to stand on (mummy may correct me).

Depends what you mean.

You're right that it's evidentially very difficult and that it might well be possible for him to perjure his way out of the situation.

But AW is legally entitled to be repaid.

well, to be less obtuse I mean that if you lend someone some money in a casual way & set no terms other than a verbal remark along the lines of "yeah, pay me back when you can" then, much as he is entitled to expect repayment, if the guy has the brass neck to say "dunno what you're talking about", "I thought it was a gift", "you said it was a gift", "I fckg gave it you back" or any such type of f'cough reply then I'm not sure you'd be able to prove a thing.

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 4:36 pm

bobo the clown wrote:

well, to be less obtuse I mean that if you lend someone some money in a casual way & set no terms other than a verbal remark along the lines of "yeah, pay me back when you can" then, much as he is entitled to expect repayment, if the guy has the brass neck to say "dunno what you're talking about", "I thought it was a gift", "you said it was a gift", "I fckg gave it you back" or any such type of f'cough reply then I'm not sure you'd be able to prove a thing.

I agree.

But not being able to prove what you are entitled to is not the same thing as not being entitled to it, even if the practical result is the same.

Montreal Wanderer · **Posted:** Tue Jan 10, 2012 4:38 pm

Andy Waller wrote:

Basically, I lent a "friend" some money 12 months ago (I transferred it between accounts so I have a record of the transaction) and, despite countless efforts to get it back, nothing is happening. Would I be able to take this to the Small Claims Court?

Out of curiosity, in these countless efforts to get it back, what does your former friend say? Does he acknowledge the debt but says he hasn't got the readies? Does he deny the whole business? What has he said to you in excuse?

bobo the clown · **Posted:** Tue Jan 10, 2012 4:41 pm

mummywhycantieatcrayons wrote:

bobo the clown wrote:

well, to be less obtuse I mean that if you lend someone some money in a casual way & set no terms other than a verbal remark along the lines of "yeah, pay me back when you can" then, much as he is entitled to expect repayment, if the guy has the brass neck to say "dunno what you're talking about", "I thought it was a gift", "you said it was a gift", "I fckg gave it you back" or any such type of f'cough reply then I'm not sure you'd be able to prove a thing.

I agree.

But not being able to prove what you are entitled to is not the same thing as not being entitled to it, even if the practical result is the same.

So you're being theoretical & I'm being realistic.

Sheesh, lawyers.

:lol:

mummywhycantieatcrayons · **Posted:** Tue Jan 10, 2012 4:50 pm

bobo the clown wrote:

So you're being theoretical & I'm being realistic.

Sheesh, lawyers.

:lol:

Not really - I think I'm being accurate and you're not!

You said that he "didn't have a leg to stand on", which I took to mean that not only do you think he won't get it back, but also that he has no legal claim to it.

Now, if the other guy is willing to lie through his teeth under oath then that could well work and it's up to him to take that risk, but that is not the same as saying that AW, the creditor, does not have a leg to stand on, in my humble opinion!

And, realistically, there aren't actually that many people who are happy to screw friends over and perjure themselves in the process if they can at all help it!

Does anybody work in the legal industry on here??

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