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  • Loan Personal

    Not sure where to exactly post this so I am going to start here unless I find a better topic.

    So I wanted to know what the recourse is for recovering money lent between family or friends etc.

    If you lend family or friends money and one side of the party fails to uphold the repayment what recourse can you take? Being as I am not from the UK my knowledge of this is kinda limited.

  • #2
    Re: Loan Personal

    Start a claim and get CCJ then enforce the cca via HCEO

    pretty much

    Or ask Paul
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    • #3
      Re: Loan Personal

      Originally posted by Never-In-Doubt View Post
      Start a claim and get CCJ then enforce the cca via HCEO


      Or ask Paul

      The OP lives in Scotland so it would be better to ask MrsD about the Scottish legal system. No offence to Paul

      It's a moral argument as much as it is a legal argument though.
      I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

      I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

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      • #4
        Re: Loan Personal

        Jen chats to Paul all the time. It's an off the cuff remark
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Loan Personal

          Originally posted by jen_br View Post
          I wanted to know what the recourse is for recovering money lent between family or friends etc.

          If you lend family or friends money and one side of the party fails to uphold the repayment what recourse can you take?
          I've found something optimistic in this newspaper article which says that the lack of a formal contract doesn't necessarily mean you can't recover the money through a court. The lawyer says you would need to establish first and foremost that the money lent wasn't a "gift".

          She suggests searching for any old text messages that say "thanks for the loan" or "sorry I can't pay you back yet". That sort of thing. She also advises more deviously that you should start to send new text messages asking "when will you pay back the money I lent you" in order to gather evidence (i.e. set them up) before you threaten court.

          http://www.thisismoney.co.uk/money/e...-000-loan.html
          I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

          I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

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          • #6
            Re: Loan Personal

            Originally posted by Never-In-Doubt View Post
            Jen chats to Paul all the time. It's an off the cuff remark
            I Do?

            Originally posted by planB View Post
            I've found something optimistic in this newspaper article which says that the lack of a formal contract doesn't necessarily mean you can't recover the money through a court. The lawyer says you would need to establish first and foremost that the money lent wasn't a "gift".

            She suggests searching for any old text messages that say "thanks for the loan" or "sorry I can't pay you back yet". That sort of thing. She also advises more deviously that you should start to send new text messages asking "when will you pay back the money I lent you" in order to gather evidence (i.e. set them up) before you threaten court.

            http://www.thisismoney.co.uk/money/e...-000-loan.html
            Thanks, See here is the stickler, money was lent in England (remember we used to be living in england we are the only crazies in scotland) so im not sure if this is different. Thankfully I did send the money via the bank and the ref. note clearly states what its for.

            Thanks PlanB that article is interesting and good call about setting up
            Last edited by jen_br; 6th June 2013, 18:53.

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            • #7
              Re: Loan Personal

              Originally posted by jen_br View Post
              Not sure where to exactly post this so I am going to start here unless I find a better topic.

              So I wanted to know what the recourse is for recovering money lent between family or friends etc.

              If you lend family or friends money and one side of the party fails to uphold the repayment what recourse can you take? Being as I am not from the UK my knowledge of this is kinda limited.
              Hi,
              If my kids paid me back the money they have had Id be outa debt now!!!! Seriously though I hope you can get yours back best of luck.

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              • #8
                Re: Loan Personal

                Originally posted by planB View Post

                It's a moral argument as much as it is a legal argument though.
                I agree PlanB.

                If I'd borrowed money off a family member or friend I'd make damn sure I'd pay them back as soon as I possibly could.
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                • #9
                  Hi, Try to deal within the family still not resolved the issue then find the solicitor who can help you out from this situation.

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                  • #10
                    This thread is dead, it is from 6 years ago

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