What should you do if a friend owes you money?
Perhaps you took out a loan or bought something with your credit card for them because you had a better credit rating. Or perhaps you just lent them the money. And now they aren’t repaying you.
It would have been better to have thought all this through BEFORE lending the money… research has shown that nearly a third of people have fallen out with a friend or family member over an unpaid debt of £100 or less.
Before you take legal action, you need to consider two things:
- are you likely to win your case?
- does your friend have any money?
This article looks at whether it is sensible to take legal action and how you would do it in England or Wales. If you live in Scotland or Northern Ireland, the small claims processes are different – contact your local Citizens Advice office to find out about them.
Can you show you are owed the money?
To win a case, you need to have some evidence that your friend owes you money. This doesn’t have to be a written legal contract, with witnesses etc. Suing someone for money is a civil case and the judge will decide who wins “on the balance of probabilities”, looking at whose story seems most likely.
You can have a valid legal contract if it was just a spoken agreement between the two of you. But there does need to be something you can show. If you gave your friend £200 in cash and no-one saw you do this, you are going to have problems with this part…
If your friend denies you ever gave them the money or whatever you bought on their behalf, is there someone who was there when you discussed the loan? Do you have an email from your friend saying they are broke and could you help them out? Was the sofa delivered to your friend’s house not yours? Does your bank statement show a transfer to your friend’s account?
If the friend started making some repayments but then stopped, if these show in your bank account or if the friend was making the repayments on your credit card, that is good evidence that there was some sort of loan.
If you aren’t sure whether what you have is going to be “good enough”, then you could go to your local Citizens Advice Bureau and see what they think.
Was it a loan or a gift?
If your friend says the object was a present, does this seem plausible? Friends don’t usually give each other furniture or a car for Christmas.
But partners do give each other gifts, sometimes expensive ones. And parents may give a child a large sum as a deposit for a house.
If a gift seems plausible, the key facts in a court are likely to be whether there is any written evidence that the money was expected to be repaid. If some repayments were made, that suggests the money was not a gift, for example. See this newspaper article My ex says he will take me to court if I don’t pay him back thousands of pounds he gifted me to buy a new car which looks at one case.
Can your friend really afford to repay you?
If your friend has no money or assets, there is little point in taking them to court. Suppose you win the case – your friend now has a County Court Judgment (CCJ) but they may still not give you the money. They could apply to the court and offer you £5 a month say, which the court will agree to if that is all they can afford. Or they could just ignore the judgment!
If they have a house with a lot of equity, or a car that is worth something – not one bought on car finance – or a well-paid job, then there are ways that you can “enforce the court judgment” and get the money that you are owed, but these will:
- all cost you money;
- some, such as bailiffs, may well not work; and
- getting a charge over their house will not get you the money until it is sold. It is very, very rare to be able to force someone to sell their house.
This is a really hard decision to take because it feels so unfair.
But if your friend is in financial difficulty, getting a CCJ is very probably pointless. You will have wasted the court fees and not gained anything.
A more practical alternative may be to be sympathetic to your friend’s problems and ask them if they can pay you a small amount every week or month. Something is better than nothing…
What if you don’t know where your friend is?
If your friend seems to have moved, isn’t answering your calls and no-one knows where they are, this is very bad news. You can still sue them using their last address and win the case.
But that doesn’t mean you will get any money! If you don’t know where they are your chance of being able to “enforce” the court judgment are close to zero. The courts aren’t going to help you locate someone, nor will the police.
There is simply no point in pursuing this unless there is a lot of money involved, you have a very good case AND you know they have a lot of assets. Often the best you can do is assemble all the evidence you would have produced in court about the debt and keep it in a file, in case they reappear.
How do you sue someone?
Citizen’s Advice has a good guide about this.
The first step is to try to sort it out before going to court. You need to send your friend a “letter before action”, there is a template in the Citizens Advice guide. This letter needs to be posted and you should keep proof of posting.
It needs to give your friend a set period, usually a couple of weeks, to reply. This may seem frustratingly slow if you think they are going to ignore it, but it has to be done.
Sometimes a formal letter makes someone see sense and come up with a proposal for repayments. If they say they will repay say £40 a month, unless you are sure they can afford more, it might be wise to accept it rather than risk going to court.
After that you need to put in your “claim”. This can be on paper but it is most easily done using the Money Claim Online (MCOL) service. You shouldn’t need a solicitor to do this, but your local Citizens Advice can help if necessary.
There will only need to be a court hearing if your friend decides to defend the claim.
What does it cost?
If you sue someone you have to pay court fees at the start. The amount depends on the amount of money you are claiming. Issuing a claim for up to 300 costs £35 for example. There will be extra charges if there is hearing or if you need to try to enforce the judgment.
You may be able to get help with these fees if you are on a very low income.
In theory you get your costs back if you win as they are added onto what your friend owes. But this may not work if you don’t know where they are or they simply ignore the judgment.
Other FAQs
Can I sell my debt to a debt collector? No, debt collection agencies would not be interested in buying this sort of private debt.
Can’t the police sue them and get my money back? No, the police will tell you this is a “civil” matter, not a “criminal” matter. They will probably suggest you go to your local Citizens Advice – which is a good suggestion!
What about money someone owes me outside the UK? Sorry, I have no idea. You need to take local advice.
How much will my credit score change if…
Apps that make managing money easier
Problems paying your council tax
Emma says
I leant a friend £1,600 on the agreement that he would pay back at least £150 a week, I have only had £200 back so far. I have taken him to court, he now has a ccj on his name (because I have lots of prove in regards to the t&c’s of the money lending). I was just wondering if any companies would buy the debt? As I’m 5 months pregnant, don’t need the stress and not getting much help from my solicitor.
Thanks
Sara (Debt Camel) says
Hi Emma, I don’t know of any companies that buy non-business debt. Does your friend have any money? If he doesn’t, there is nothing you can do :( If he does, there are ways you can try to enforce the CCJ (see https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment) but they will all cost you money and aren’t guaranteed to work.
taylor says
I babysat a neighbors kid and I had to stop watching him because they owe me 350.00 and they still have not paid me. The only proof I have is a few txt messages saying: im sorry to do this but I cant watch your son anymore unless you pay me the 350 you guys owe me, and then she says ok got it I just quit my job and then I say well are you still going to pay me the money you owe me and she says of course, but we don’t have it now. Can those txt messages be used as evidence against them
Sara (Debt Camel) says
Hi Taylor, you could produce a screen print of the text messages as a way of backing up your story. But the real problem here isn’t so much the lack of evidence as the fact that if they have no money you could win a court case and still not get paid… A better option might be to suggest that she pays you say £5 a week, at least you will get something.
Steph says
My ex has left taking the van I paid 2000 for. Some friends say hes gone home to krakow but he might have got a job in Germany. What can I do as I need this money. Thank you
Sara (Debt Camel) says
Hi Steph, I’m sorry but I doubt there is anything you can do. It would be hard even if you knew his address in Poland, but as you aren’t even sure what country he is in, you may never get this money back.
Simon says
Hi, I’m a maths tutor. A student owes £500 worth of maths lessons he has had with me. I have numerous texts from him agreeing that he owes me the money and he will pay, but now ignores just ignores all my texts and phone calls. Is anything I can do?
Simon
Sara (Debt Camel) says
Probably not to MAKE him pay the money, he probably doesn’t have it. You could ask him to repay at say £20 a month – most people would reckon they could afford that. And next time, don’t let the arrears mount up!
Jane says
Good morning, I have a major issue with a good friend, a builder who agreed to do some work for us. I went against the grain and paid in him whole up front purely because he had no money started. Apart from £3,246 which I transferred to his account the rest (being £3754.00) has been in cash to buy materials and wages. He has let us down so many times that I am asking him to finish the job. I guess I’m not going to see the majority of the money, but can I sue him for the amount I can prove was transferred?
Sara (Debt Camel) says
Yes, but if he has no money, then you may win your case and still not get anything back…
Jane says
If it comes to it, he does have assets as in cars and worse case scenario, could I get a charge against his house?
Edith says
I took in a friend for a short time and we agreed on £70 a week all found he has now left owing me still £235 HIS CLOTHES .FISH TANK WITH FISH AND TELLY are still here can I sell his stuff to get my money back .
Sara (Debt Camel) says
A very annoying situation for you! However legally this can get quite complicated as the things he left do not belong to you – I suggest you go to your local Citizens Advice and discuss your options there.
Marc says
I lent my Exs Daughter £900 on the agreement that she would pay me back £100 a month and she stopped after 2 payments. I have sufficient bank statements to prove this plus messages to and from each other. Since me and the mother stopped seeing each other she has not payed any back and will not respond to any of my messages, is there any way I can get the money back?
Sara (Debt Camel) says
Hi Marc, well you could sue her, but unless she actually has some money or assets (a car not on HP?) this is probably a waste of time. Perhaps she can’t afford £100 a month? You could send the Letter Before Action discussed in this article and perhaps offer to accept £50 a month?
Miss Maree says
Hi
I was Working as an escort and a wealthy man wanted to be my sugar daddy. So he would give me money, sometimes up to 2000 and in return I would spend time with him. I realised after a while that I no longer wanted to maintain this relationship since he was abusive and manipulative. I broke it off with him and am going back to school and getting my life back on track but now he is stalking me and threatening to take me to debt collectors. I dont have the money any more since I have been paying off student loans. If it goes to court will I need to pay him back?
Sara (Debt Camel) says
I suggest you consider reporting him to the police for stalking.
It would seem unlikely that he would take you to court. There is no evidence of a loan contract between you. You could reasonably defend any case on the grounds that the money was for escort services. Not only would he be unlikely to win, but he is also unlikely to want to look like an idiot in court.
Miss Maree says
Thank you so much, youve made me feel a lot better. I was just worried because in our messages we would always call the money gifts, and i didnt know if people would believe that it was actually given or if it was a loan. Thank you for the stalking advice too, Im going to report him to the police today.
Marcus says
hi, I paid for a holiday for me and a friend and now won’t give me half the money for it. he never agreed to the cost of the hotel transfer and flight but i always thought he’d pay because we’re friends. the holiday was last September and I didn’t get a written agreement from him but he mentioned that he would pay it to me. Now he’s saying he will pay some but not all. He owes me £300.00. What are my options?
Sara (Debt Camel) says
Probably your best option is to suggest some repayments that he can afford as it says in this article.
Craig says
Hi, I have lent a friend of mine a significant amount of money over the past 8 months. The total is nearly 17000. They needed some help to get equipment for their job and help with other issues. I got two separate loans and two finance agreements. I have also lent money from my account. Anything from my account, including the loans i took out, has been transferred via bank transaction with the word loan as the reference with my name in it too. I also have written confirmation of agreement to pay in text messages. So far I am yet to receive any money back. I have been made loads of promises about the money coming but there is always an excuse when the promised date arrives. Their dad passed away and left a significant amount of money too them but again there always seems to be an excuse why that can’t be used.
Any advice please. Thank you
Sara (Debt Camel) says
That’s a lot of money … writing a letter before action is the first step as this article suggests.
Ashley Ryan says
Hi,
I moved into a house, I gave 250 pound as a bond. (bank transfer). The living in landlady hasn’t put this bond into a tenancy bond. I’m moving out tomorrow and she’s said she has to wait 30 days for it to be accessible as shes put it into her own private savings account to get interest! Am I able to take her assets as payment as I believe when I move she won’t give me the money and I’m moving rather far away.
Sara (Debt Camel) says
No you shouldn’t do that. Phone the very good free Shelter helpline https://england.shelter.org.uk/get_help/helpline to find out what your options are.
elizabeth h. says
My mother loaned a actir friend 100 aprox to purchase a tablet so he could read his scripts and stated this was a loan and she would need the money back. This person is now an ex friend as he has been dragging my name through the mud i have proof i have done non of what he has claimed i have but would we have grounds to take him to small claims.
Sara (Debt Camel) says
What does your mother think after reading this article – can she show she is owed this money? Is it likely he has any money to repay her?
elizabeth h. says
She went to the shop with him he has all the paper work and it was a verbal agreement between them. And we know he has the money as kept telling us he has the money
Sara (Debt Camel) says
So there is no written contract or any evidence of the loan? No emails referring to it? No bank transfer to his account? It’s going to be very tough to win a case if he just denies it.
elizabeth h. says
No theres non of that although im not sure if mam paid cash or on her card it was over easter so if mam did pay on card could that help?
Jo says
Hi a friend made me choose stuff out her catalogue I suffer with mental health n she made me feel I had to to keep friends she ordered the thing n she’s asked for the money back which I don’t owe her as she made me there is no proof but she might try forge my signature can she take me to court? She’s threatening me and it’s been like 4 years
Sara (Debt Camel) says
Hi Jo, I think this sounds a difficult situation for you. It might help to talk through the details with your local Citizens Advice.
Laura says
My ex lent me £160 but then a couple of months later we split can he take me to court over this money?
Sara (Debt Camel) says
Well he could, but it’s not a lot of money and he would have to consider the sort of points made in this article so he may not think it’s worth it.
Julie Smith says
An acquaintance owes me £2,300 since last September. He was buying a gps from America, which he was having commissioned over here in this country before selling onto a friend. This friend would then sell to another person, which hasn’t happened yet! As I was promised 7-10 days return on my money, I’ve had every excuse under the sun, as to why I am still awaiting my monies owed. I put in £1,500.00, and promised a profit of £800, then an additional £200 to cover `interest’, given that I’d waited for so long. Should I go to the small claims court and send a `letter before action’ note? He is a lodger in someone else’s house, so no assets, car or savings, from what I can gather, and earns a small wage, though he does find time to go to the pub after work each day for three hours of so!
Sara (Debt Camel) says
Sounds like you have been scammed and he hasn’t any assets so no point in suing him :( I’m not optimistic about your chances, but gather together any evidence you have and take it to your local Citizens Advice and see what they say.
lisa says
Hi, I booked a holiday for myself and a friend. I have had to cancel the holiday due to me being ill. I agreed to pay her back her half if the money £260, but as I am unwell, I’m not able to work a lot during the week so haven’t been able to pay alot back to her each week. She wants a payment plan but I can’t as I don’t have a set wage each week. I have however paid her back £100 so far and will continue to lay her as much as I can afford each week. Does she have a case to take me to court for the remainder of I can only manage say £10 per week? As she wants more than £20 per week. If I had the £160 she is owed, I would pay her back in one go but simply can’t afford to.
Sara (Debt Camel) says
There is a difference here between “can she legally go to court” and “does it make sense to go to court”. If you are repaying a remaining debt of £160 by paying £10 a week, it really wouldn’t be sensible for her to go to court – by the time a court date was fixed you would have repaid the lot. Unfortunately people aren’t always sensible about this sort of thing – if she continues to bother you you might go to your local Citizens Advice and talk to them about your situation.
Sam says
Hi I borrowed £2000 from a lady who does this to people who need to borrow. She charged £50 per month per £1000 until it’s paid back, no specific times but wanted it in lump sums.. I paid what I could when I can as I have gotten into more debt in the meantime.. I’ve paid her £2000 back in total but as its been over two years or less I now owe £2000 in interest.. I have bailiff repayments for other debts and just can’t manage paying this amount of interest back its so much.. I did write down I would pay this interest in the beggining but it’s built up to the same £2000 I borrowed!! Please help where do I stand legally? It’s so much interest I have paid the initial loan back can she charge this much? Help!! :(
Sara (Debt Camel) says
hi Sam,
if this “lady” isn’t actually a friend of yours but has loaned money to other people, this sound like illegal lending – often called loan sharks. If this is the case, then the loan is illegal and can’t be enforced, see https://www.moneyadviceservice.org.uk/en/articles/how-to-spot-a-loan-shark.
Can I suggest you call National Debtline 0808 808 4000 and talk to them about this loan and your other debts as well.
Sarah says
Hi
My Husbands father has just sent us a horrible and really quite threatening letter out of the blue claiming that my husband owes him £2000 dating back 12 years ago for a car that his dad got on HP. He is threatening to take my husband to court and have him convicted for breaking the law!
He did get a car in his name and the finance remained in his name but he put my husbands bank details on the payments and the v5 was in my husbands name, this was all arranged at the time without my husbands consent (when he was 20) and he could not afford the repayments so eventually the car was repossessed from my husband (as the listed owner). He and his dad never had a written or verbal agreement regards payment and the finance company have confirmed that the debt was settled and is archived but we are now really scared (especially from reading some of the above) that we are going to end up being forced to pay this horrible man money he is not entitled to. My husband and I work really hard and are good honest people, any advice anyone could give us would be really helpful.
Thanks
Sara (Debt Camel) says
I think your husband needs some advice about this – it may be that the time limit has passed for this “debt” to be recovered through the court. He could go to his local Citizens Advice or phone National Debtline on 0808 808 4000.
Sarah says
Hi Sara
Thank you very much for getting back to me, I really appreciate your response. We honestly feel there is nothing to his threat but it has shaken me and deeply upset my husband and we want an end to this so I think we will try and speak with the CAB.
Molly says
Hi.
I split up with my ex 5 months ago. I’ve just received an email from his brother saying I owe him £300 for a holiday he booked for me in 2012. I paid him some money back at the time but then he said not to bother with the rest as money wasn’t an issue for him so I didn’t pay anything else. We never had a written agreement and I have a witness to him telling me not to bother with paying the rest. I am being harassed by their whole family so I know full well this is intended as just another way to disrupt my life. Am I okay to just ignore his requests unless they come from a solicitor or court?
Thanks in advance
Sara (Debt Camel) says
Definitely don’t ignore court papers!
At the moment your options would seem to be (a) pay him (b) make an offer to repay him over a few months (c) ignore his email (d) replay saying that you have witness who heard him say you didn’t need to repay the rest (e) reply denying you owe him any money at all. It’s obviously impossible for anyone to KNOW what he will do if you go for any of these. If you want to talk through the implications to help you decide, your local Citizens Advice is a good place to go.
aaliya says
Hi i borrowed from a friend a £150 i couldnt pay him back i offered him to take installements,but he didnt agree. im not working at all i just receive travel money from my dad. He said either i pay him £150 the full amount or he will go to the police.
So what can i do?
Sara (Debt Camel) says
If he goes to the police they will tell him it is a civil matter and nothing to do with them. You could repeat your offer of installments in writing – perhaps by email?
I can’t say what you should do – if you get any court papers you should contact National Debtline 0808 808 4000 but it is possible that he is just bluffing and won’t do anything.
Jenny says
Me and 2 of my friends were going to V Festival this year so when my friend bought the tickets I transferred my money into her bank (£200) a month or so later we fell out and I had asked her to give me my ticket to which she replied that she had sold it so I kept asking for my money which she claims that she only has £2 in her bank when she works and gets paid every 2 weeks and has recently purchased a ticket for V Festival for next year. I have gone through a lot of stress with these ‘friends’ and have unfortunately lost my job so I need the £200 for car payments and bills. What can i do?
Sara (Debt Camel) says
Have you tried suggesting you will take £50 every fortnight when she gets paid? That would get you the money back in 2 months.
Your bank statement would be proof that you transferred £200 to her. You may be able to win a court case, but she may still not pay and it wouldn’t be speedy.
GOSPEL OMENE says
I lent a friend money 500 pounds and he promised to pay on the weekend, its been nearly two months now and his phone gone off and has blocked me off his social media. It was an online transaction and i have proof of payment. I have considered submitting a money claim but i do not know where he lives. What can i do???
Sara (Debt Camel) says
As this article says, probably not a lot.
Anthony says
Hello I borrowed £1,200 from a friend we had a verbal agreement that I would pay £50 back at the end of each month starting from August user up a BACS payment we have since fallen out my first payment came out August 31st he has now told me he is taking me to court can he do this as I have not breached this verbal contract? Please advise thank you
Sara (Debt Camel) says
It’s hard for you to prove you agreed £50. But its hard for him to prove you agreed more. That’s the problem with contracts that aren’t written down. If you could offer to repay the debt faster this might resolve the problem?
Patrick says
Hi I lent a friend £3000 and he wrote out 3 cheques for £1000 each to pay me back.i put the cheques in bank and they bounced.the bank sent the cheques back to me. I still have them. He refuses to pay me and they moved to Spain.i have text messages on my phone that he sent me saying he won’t knock me but that’s 3 years ago. can I recover my money off him?
Sara (Debt Camel) says
Well the bounced cheques are good evidence of the loan, but there still remain the problem of how you can “enforce a judgment” even if you win a court case.
Unless he has a house in the UK, this would involve what is called “cross-border enforcement”. You would need to take legal advice on what the likely cost would be that you would have to pay up front and the chance of it being successful.
Ann says
I started a new job Feb’2014 and was finding it hard to make my monthly wages last, so a friend introduced me to a woman who worked there too, saying she lends money til payday she does it for loads of the girls there, but she adds £30 in every £100.
[Edited] before I knew it I ended up in a right mess, cos she said I owed £2,130… I know I hadn’t borrowed all that amount, as I had been making payments too, so i questioned her how was it that amount all of a sudden? And she said it was due to interest, Late, and default charges, and said it was the company that loans her the money, that were putting the charges on the loan that she had lent me, and it wasn’t her herself.
So I cried,begged,borrowed,and pleaded to all my family, friends, and other avenues for help, to stop this escalating even more out of control.. an with everyone’s help, I had got £2000, together, And on the 22nd of May 2015. I payed her exactly that amount £2000 in cash. and I was left owing £130..
She told me not to worry about the £130 as she was happy I had given her the largest proportion of it..
And I swore I’d never to go down that road again, i had very little contact with her again really.
But March this year she posted a A4 sheet of paper, hand written in biro, stating I still owed her money, and claims She lent me more money after May 2015 (which I swear on the holy bible I haven’t)and shes not only made these dates up, but she added the £2000 that Id already payed her, in the May, including the £130 she told me to forget about
[edited out]
She is doing the same to a friend too, which fills me with even more concern…
[edited]
Can she do any of this? How can I prove I payed her?
God forbid, “what if her lies get believed and Im made to pay her all over again”?.. I think I’d kill myself.. I’m beside myself, it’s making me ill with worry.. I don’t want to wake up out of bed, cos if it’s not on my mind, shes texting or phoning me or at my door.
Sara (Debt Camel) says
Hi Ann,
this woman is a loan shark. It is illegal to offer private loans like this. And the loans are not legally enforceable. You don’t have to prove you have paid her – she could never take you to court and the so-called debts can never end up on your credit record.
You can speak in confidence to the Illegal Money Lending Hotline on 0300 555 2222. She is making your life a misery, she is threatening your friend. And probably dozens of other women in your neighbourhood.
If you need some help in dealing with this, go to your local Citizens Advice Bureau.
Cindy says
Hi my friend wanted my furniture we made a agreement she will have for £2,000 ,she gave me £20.00 on direct debit 5 months later but that’s all she gave me,she has now gone back to Kent no forward address now I’m short of £1980.00 what can I do
Sara (Debt Camel) says
As the article above says, there may be nothing you can do if you don’t know where she lives.
ALso £2000 is a huge amount to pay for second hand furniture and agreeing to take £20 a month, which would have taken more than 8 years to repay £2000 sounds odd, so unless you have some evidence (emails? Texts?) this may also be a problem in any legal action.
Wendy says
I bought a wedding dress through eBay off for 75.00 and I haven’t received it I’ve tryed numerous times to call her and sent lots of messages but she isn’t replying the problem is she asked me to send it thru bank transfer which I stupidly did so eBay won’t help to get my money back and the police said it’s a civil matter
Is it worth taking this woman to court for my money back as I feel like I’ve been taken for a complete idiot it’s only 75.00 but I carnt afford to loose it and I have no dress for my wedding now either
Sara (Debt Camel) says
Hi Wendy, I suggest you talk to the Citizens Advice consumer helpline about this: https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/
Abram says
Hi, I helped my friend with her bills and etc… we used to work together and then before she left she was really struggling with money and she had loan and put me as a guarantor, now she’s jobless and has no asset on her name but she claims benefit from government. Apart the loan she owes me over 1000 and she told me she’ll pay me back once she got money, she blocked my numbers etc… and now she has applied for IVA which I will end up with paying the loan if she get IVA successfully. I have all the text messages saying that she will pay me. And also she had phone contract on my name but she never paid for it and now she’s claiming that she’s not gonna pay as she’s not using the phone but she still has the phone. What shall I do? Any advice please
Thanks
Sara (Debt Camel) says
From what you say, she has no assets and no spare income. I’m not sure what you are hoping I will say apart from she has no money, you will have to pay the loan you guaranteed and she isn’t going to be able to pay you anything.
laura says
Hi my ex in September gave me £180 cash towards a iva I was in to help me out.we then split and about a week ago he messaged to say he is taking me to a small claims court to get this money back.im a single mum to 4 boys and my income a week is £157,I told him I can make payments when I have spare money during our phone calls but he wants it all up front.i have health issues and this is just adding to it and making me unwell.can he get it all off me in one go?
Sara (Debt Camel) says
Hi Laura, he may be bluffing. I suggest you put your reply in writing to him – an email will be fine but keep a copy of the letter if you send one. If he does go to court, you will get a Claim Form and can reply offering £1 a month to the debt. See https://debtcamel.co.uk/court-claim-form/ for more about this.
BUT your IVA – is your only income from benefits? Are your renting or buying?
Chris says
I sold a ‘friend’ of mine a motorcycle on the agreement that he would drop the money off on the following week as that was his payday, since then I’ve had excuses like council tax took half my wages, my mother been made redundant etc etc I have been very civil and calm with him and said ok just pay me off slowly, it’s only £200 he earns more than enough to pay this back but has only returned £70 once a payment of £20 then £50 since then I haven’t seen or heard anything from him and it’s been three months what can I do? I have full receipts written and signed by both him and myself and there was two witnesses at the time, I don’t want to take a ‘gimme my money or else approach’ as it will turn very nasty very quick and I just want my money back
Sara (Debt Camel) says
It sounds as though you have been very reasonable so far. You could consider writing him a Letter before Action as the article above suggests, perhaps saying in it that you are happy to accept £50 a month or whatever?
Chris says
I have said this to him but he hasn’t replied to me at all he just blanks me completely I think if I give him a letter he will just ignore it is there any legal approach I can use?
Sara (Debt Camel) says
Read the link in this article about Court Action from citizens Advice. You HAVE to write a Letter Before Action before taking any legal steps.
Anne says
I was conned out more money than small claims by someone I was a few months into a relationship. The reasons why he needed the money aren’t important, it turned out to be complete lies. He eventually signed an agreement and started to pay me back. A few times there’s been little or nothing but he did move away a few months ago and didn’t tell me and since then I’ve seen very little. I think he was hoping to escape it but I found out and tracked him down (thank you social media) but he’s wise to that now and I’ve got his family addresses. No point taking him to court, but can I have him done for conning me? He’s done it to quite a few women now and the lies are varied and outrageous.
Please don’t tell me I’m stupid I already know.
Sara (Debt Camel) says
I’m not going to pretend this will be easy. If you can get together with other women and all report him to the police, then you stand a better chance, but it’s still going to be tough. If any of you have any of his lies in writing that may help.
Mark says
Last July i bought a new car, my mate has just split up with his girlfriend and his car was in her name so he needed a car, i said he could buy my old car for £350, he agreed but noting in writing. The same week he gave me £40 and said he would have he rest in the next few weeks, ive had no further payments, he then had a court appearence which he missed so had a £70 fine which stupidly i agreed to lend him the money for as he said he was getting paid a few days later. 6 months down the line and he still owes me £380, i have asked many times if he will start paying me back and everytime the same excuse, that he should be getting paid soon. In this time he has got engaged to someone new, bought a nice expensive ring for her, they also went on holiday (he claims that she paid for). Finally today my patience ended and i told him that he need to take responsibility and start paying me back to which he got abusive (messages which i have saved as evidence). It is clear that the friendship is over so what is the best action to take? Thanks, Mark
Sara (Debt Camel) says
Well you gave the evidence that the car was transferred to his name. Yiu could try writing a Zletter Before Action as this article suggests, perhaps proposing £50 a month repayment or something? But unless you are sure he has savings or a well paid job it you may win a court case and still not get paid…
Sharon says
Hi my ex owes money i borrowed him 700 for his house deposit and then stupidly let him have a drier for 200 and tabel and chairs for 200 im not sure if i paid him the money out of an old bank account witch i dont have but their is eveidence at his bank i.paid it to him but it was over a year ago also the items from the catalogue went to his adress does that class as evidence.
I also borrowed him 240 to get new teeth in december which i transferred from my account to his now hes trying to say its a christmas present
Sara (Debt Camel) says
You. Would have to get a copy if your old bank statement. Even if you can do this, unless you are sure he has assets or a well paid. Job going to court may not be a good idea as you may win but he still doesn’t pay you :(. If you are unsure what to do, I suggest going to your local. Citizens Advice and asking about your options.
Cole says
Hi
In July last year i shipped some goods abroad with this shipping company and i paid £1800 shipping cost. Some of the goods arrived but some of them are not yet delivered. This shipping company told me that my goods are still held at customs in abroad since August last year. The total amount i paid for shipping cost included all custom’s exercise duty and it was intial on the agreement. Up to now this company is still saying we can not manage to clear your goods from customs in that country. The total shipping cost i have not yet recovered is about £600 plus goods worth about £1500. Is there any chance of recovering my money back.
Sara (Debt Camel) says
This is a consumer issue, nothing to do with being owed money by a friend which is the subject of the above article. I suggest you contact Citizens Advice.
Adam says
Hi there,
Last year I went on holiday with my girlfriend, her dad and step mum, great time was had by all while still on holiday they said they would love to go again next year with daughter and grand son this was Sept 16 then in October 16 my girlfriend text her step mum if they would still like to and that I’d pay for flights on credit card while they were still cheap she said yes and they would pay back monthly and gave me first installment in November £80 now new year has come they say they can’t afford to go on holiday two of my friends have offered to buy two tickets but no takers for third ticket what are my rights for them still needing to pay for third ticket?
Thanks in advance
Sara (Debt Camel) says
It’s not so much your rights here as what can be sorted out in this sort of family problem. Have you explained that you now only need the money for the third ticket, less the £80 they have already paid?
john says
My friend borrowed 1000 from me 2 years back…..it’s been 6 months I asking him it back…..he always says after a week or two….. I’m totally fedup now, as I don’t have money to pay my rent..,,,on other hand he has 2 houses….. one of his house is on rent….,he is doing well but still dosnt repay me….Wat should I do? I’m so stressed
Sara (Debt Camel) says
I suggest you put your request in writing so you have a record. And also offer to take say £200 a month – you may prefer a lump sum but getting something back is a good start! If that doesn’t help you could consider writing a formal “letter before action” as the article above suggests.
PAUL says
Hi about 2 years ago I was silly and Lent a friend over 17k so far not payed me back. This has left me I debt and with a debt collection agency what can I do?
Sara (Debt Camel) says
You options will depend if your “friend” has the money to repay you, as the article above describes.
PAUL says
I dont think so I know they didn’t have a job due to they broke there arm. But I’ve not heard from them since November last year
Simephie moyo says
I borrowed a friend £500 from my credit card. She was saying she want to start a business . She kept using the money to useless things, and she told me she will pay back once. Till today no penny . She keeps saying she doesn’t have money. What can l do to get her pay?
Sara (Debt Camel) says
If she doesn’t have the money, probably very little. I suggest you ask for £10 a week, it’s better than nothing.
sean says
I am from Canada and I rented a property from a UK resident that he owns in the Caribbean. The management company that was looking after the property for him no longer exist, and so I requested my deposit back from him when I vacated the premises which he said no. He said that the UK housing laws that state owners of property are ultimately responsible for deposits regardless of the agents actions or not do not apply to him. I am wondering can I still make a claim against him in the UK for the deposit?
Sara (Debt Camel) says
I am afraid you will need to take legal advice on your situation.
Fionalopl says
HI, I have been in a rough spot recently and due to a recent break up with my partner next week I lose the house I live in plus the business we started together. A guy offered me a flat that I could move into. I paid him £320 in advance as he asked me to. I paid him the £320 on Friday and was meant to be moving into the flat on Tuesday. He said he would drop the keys off on Friday afternoon didn’t, then said Friday night didn’t. Then said Saturday day but didn’t and then said Monday night but didn’t. I then received a message saying he would drop the keys off on Tuesday morning and that he was on his way. He never showed up. His phone has been switched off ever since and so has not responded to any of my messages and phone calls. We did not have a written agreement just proof via text messages. Is there anything that can be done here? I am assuming that I have lost the flat and my money
Sara (Debt Camel) says
This sounds more like fraud than a problem with a friend not repaying you money – I suggest you go to the police and your local Citizens Advice.
Victor says
Hi there my friend asked to barrow money to get her car back on the road n she said she will pay me back. she said we could do a contract but I trusted her.. long story short onces she got the car she is to busy n when she replies she will say yeah I will stop by tomorrow n just keeps on drawing it. I have all the texts messages that show her saying she will make payments weekly yet after a month I haven’t received anything n now she lies n hides from me.. could I take the car back? Or take her to court? If I go to court I have witnesses and also the texts messages.. advice please..
Sara (Debt Camel) says
You certainly can’t take her car – it doesn’t belong to you, your loan was not “secured” on her car, taking it would be theft. See the article above which looks at whether taking legal action against her is sensible – Citizens Advice is a good place to go if you would like someone to look at the details of your situation.
Jr says
Hi
I was with my partner from July 2012 to May 2014 then we broke up. during that time she loaned me money. I asked her to tell me amount I owe and I would start paying it all back. She whatsapped me a figure of £9’600, I was taken back but because I trusted her and with the emotional turmoil at the time I said ok. [edited]
Sara (Debt Camel) says
Hi, that was a long, complicated and sad story. Becuause you don’t agree what you owed and she seems to be denying what you have paid and is threatening legal action, I think you should go to your local Citizens Advice. They can look at this debt to your ex – it sounds as though you have a lot of evidence which is good. They can also look at the rest of your financial situation as you mention other debts, some of which are priority debts.
Tamara says
Hi,
I split up with my ex 2 years ago. I received a letter from the small claims business court saying he is claiming I owe him 1000. He paid 620 into my account on one occasion which went against monies owed to me from a previous holiday and monies for a holiday we were due to go on the following year. He also paid 400 into my bank account which included 200 he owed me and a gift of 200. I have never signed any loan agreements. He didn’t come on the second holiday as we had ended the relationship. After the relationship ended and he met someone else he tried to get me to agree to owing him monies. The amounts on the claim are incorrect, my name is spelt wrong several times and I’ve proved on my bank statement that the monies paid were to pay off previous monies owed. The holiday was non refundable and he tried for several months to make me agree I owed him money via email. I no longer have access to these emails so I can’t see them or what I said. I didn’t receive a letter of action and as all this happened several years ago I’m not sure where I stand. The court have said we can go through mediation, but as far as I’m concerned I don’t owe him anything. Any help or advice would be appreciated.
Sara (Debt Camel) says
I suggest you contact National Debtline urgently on 0808 808 4000. They will be able to discuss this court case with you and advise on what to put on the court forms.
Connor says
Hey, last October I subscribed to a book collection where you receive two books a month and the company takes £15 a month out of my bank. A few days after subscribing I decided I didn’t want it and so phoned up to cancel. I told them my name and address but they said I needed a code which should’ve been emailed to me to make any changes. I had received no email and so couldn’t cancel. I went to my bank and asked them to stop payments to this company which they did. The company send me two months worth of books and then a letter to say I owed them £30 and my subscription had been paused. I ignored this and then on Friday, four months later, I received a letter to say that my debt had been passed to a debt collection agency with an extra £10 added on who will contact me soon. It’s only £40 but I don’t want to give them it due to not wanting the books they sent me. I’m now worried about being taken to court over this. Are they able/likely to do this to me and what else can they do about this?
Sara (Debt Camel) says
Hi Connor,
this is a consumer issue rather than a question of owing money to a friend. Can I suggest you go to your local Citizens Advice?
Sara (Debt Camel) says
did you tell them at the time you had not had this email? did you put in a complaint?
Latty says
I paid off a court case for my boyfriend now ex. I was off the understanding that someway or another I would get the money back. I recently bought a home and now I need that money back to deal with the necessary finishes. I told him that the money is a loan and I need it back. Do you think I have a case to claim my money.
Sara (Debt Camel) says
If it wasn’t clear at the time that this was a loan, you may not have a good case. Does he have the money – because if he doesn’t then there isn’t any money for you to try to get.
S.M says
Please advise. I borrowed a family friend £895+ to travel to bury their mother. I payed for their flight on my credid card. They agreed to oay it back within the year. Also agreed to pay the interest as he wouldn’t have the full amount when he got back as he was awaiting a loan to to come through. No payment was made. Two years grace period I asked for the money he agreed to pay £25 installments on the agreement a set up a separate saving account to show the payments were being made to show how much was paid off. I sent the details by text (which i have) i also gave the receipts of his flight and extra cost to amend his details for an error on the spelling of his middle name. (Which i also have by email.) he then made one payment and stopped. (I have proof in my account) then stopped responding to my calls and said if i keep mitring i wont get the rest and I haven’t. What are my options ???
Sara (Debt Camel) says
the article above looks at what you need to consider. First of all, does he actually have the money? If he doesn’t then there aren’t any practical ways you can get it :(
Moggy says
In 2005 I lent my daughter and her Italian husband £30,000 for a deposit on their house. I wanted it secured on the house but the mortgage company would not allow it, so on the advice of a solicitor I had them both sign an I owe you.
In 2009 he left the home and two children and now wants a divorce.
He has promised to leave his interest in the house to the children, but I believe children under 18 cannot own property.
1. Am I correct in assuming that my daughter would suffer prejudice if decree absolute was pronounced before financial issues were formally settled.
2. Should I bring into the settlement the question of the “I owe you”.
Can you please advise me as to what is the best course of action to take.
Sara (Debt Camel) says
I think you should discuss the options with your daughter and her solicitor.
Alison poole says
I have lent £1500 to a good friend, I have all text messages and bank transfers to prove this he’s lied continuously about having work and that he’s going to repay each month but nothing!!!! Have I got a case???
Sara (Debt Camel) says
Does he have a job? Any assets? If no and no, then he probably can’t afford to repay you :(
Juliana says
I leant money to my ex-boyfriend several times. In total he had £2050 through bank transfers, not counting another £500 in cash. The last transfer to him was on 9 Jan 2017. He paid me back £500 on 19th January. Since then I didn’t get anything. I know he is not employed anywhere, he got fired from his previous employer because of stealing goods. His bank account is in minus with -£4000. He doesn’t have any assets. The only thing is that he is an illegal tattoo artist and gets money only this way. Is there any chance of using this information somehow and make a claim against him?
Thank you.
Sara (Debt Camel) says
It’s hard to see how that info could help. If he has no assets and no real job you have no practical chance of getting this back through the courts.
Brian Thomas says
I loaned my friends son £1000 in February 2014 to help him get back on his feet. We signed an agreement regarding the loan and the fact that I would mentor him each month and in it we agreed he did not gave to repay the money until January 2015. Within two weeks of buying a car that I viewed with him he had a good job with a company vehicle and he did not bother to meet with me as planned. At the beginning of January 2015 I saw him at his parents house and he told me he would be paying me at the end of the month as he had £4000 coming to him. He then ‘disappeared and his family did not know his whereabouts. A couple of months later he resurfaced and having list his job he was also arrested for drugs and other charges and subsequently went to prison for 9 months. When he came out he was reluctant to meet me but in time we met and on one occasion we argued and fell out this was in October 2016. As a result his parents ceased talking to me and I do not know where he lives. This man is 36 years old and gas 5 children from three women so he is not a child but is reckless. Do you think I can make a claim against him and if so how do I go about it. Thanks
Sara (Debt Camel) says
If you don’t know where he lives and you don’t know he has either a good job or some assets, it is hard to see what you can do about this.
Brian Thomas says
I know where his parents live and I know that he often stays with them.
Sara (Debt Camel) says
If he hasn’t got any assets or a good job you could waste money by taking him to court as he still wouldn’t be able to repay you. You need to be realistic. If you want more detailed information, I suggest going to your local Citizens Advice.
Catrine Smith says
Hay there,
I’ve been really ill and in and out of hospital for the last month, I lent a guy I knew £800 he said he would pay in June at £100 a week I really wasn’t in the right frame of mind to do this. I did however get a written proof he would pay and signed by his mum. He is now not contacting me What do u suggest?
Sara (Debt Camel) says
Well it’s not overdue is it… I suppose you could tell his mum how anxious you are feeling?
Claire says
Hi I have been dating someone at first he said he’d had his bank held due to money being taken from his account, then he changed banks & his work haven’t paid him. I’ve lent him £7800 over the months either in cash or paying for his bills. I have proof in messages that he’s asked for the money or for me to pay them, he also used my credit card without me knowing. I found out last week he’s been using a different name, I have a copy of 2 cheques from a company he says his uncle is involved in but I think it’s him as well. Could he be traced from the account numbers on the cheques ?
I’m in contact with another girl he has done the same to & owes her £1100 she has been to action fraud but they say there isn’t enough evidence
Can we do anything to get our money back ?
Sara (Debt Camel) says
Using you credit card without you knowing is fraud. Report him to the police.
Claire says
We have both been to action fraud they have said there isn’t enough evidence to pass to police
Sara (Debt Camel) says
I am sorry but there may be little you can do to get this back.
Teresa says
Hello, I lent an ex £300 and also paid for his half of our holiday in April. He said he would pay it all back, however the has been saying that for the past 6 weeks now. Conveniently he has dumped me and now won’t talk to me or let me know when I will receive my money. I also have no address for him, so I’m unsure how I will be able to make a small claims application. Should i cut my losses? Is it possible to trace his address through his car registration. In total I am out of pocket by £700, after stupidly doing a good deed.
Sara (Debt Camel) says
Unless you think he has a well-paying job or some assets (does he actually own that car or is it just on finance?) then there may be little point in trying to trace him.
Leighton says
Hi my friend owes me 35 quid from a ticket a paid for amd then fell out with them and has kept saying for the last 2 years yeah i will pay you but never does what can i do about this?
Sara (Debt Camel) says
The article above looks at your options – but for £35 is doubtful if it’s worth doing anything.
CM. says
I lent my nephew 2,000 pounds about 20 years a go as he was going to lose his house ,though bad health I have had to use quite a lot of my savings ,problem is I have nothing in writing ,no proof what so ever ,they now own three houses ,I have been round to his house and asked him if it is possible if he could please give me the money he owes me ,he said he has no money , but he said he will try ,he said he would also telephone me the next day which he did not ,
Could you please advise me on this matter.
Thank you .
CM.
Sara (Debt Camel) says
I’m sorry but this debt is such a long time ago that I don’t think there is anything practical you can do, especially with nothing in writing. I hope your nephew does the right thing and helps you out now you need it.
Ali says
Hi there I bought a house on my nephews name in 2004 for £185.000 I put down 10% deposit of £18,500 and paid all legal fees cut a long story short he has now refused to give my property back since 2007 i have been deamading it back its now 2017 the house is worth £350,000 there is over £ 200,000 equity in the property in 2010 he just agreed to pay my deposit money back which has been going into my bank account at £250 a month basically he still owes me over £10.000 plus he told me when he sells the house he will give me some equity but now is refusing he has stoped paying any money so far he has paid me just over £11,000 , basically he has just run away with my house that I bought on his name and now is refusing to pay me anything there is over £200,000 equity left in the house what can i do there was only a verbal agreement but money he did pay back so far at just £250 a month had been going into my bank account also the orginal money I can prove I have given for the buying of the house , Can i take him to court to get a charge on the property or what can i do any comments will be appreciated. Many thanks
Sara (Debt Camel) says
The fact you can prove you gave him the money/paid the fees and that he has been repaying you monthly is good evidence. But rather than going to court, I suggest you talk to a solicitor about sending a letter proposing a formal agreement as an alternative. Suing family really should be th last resort…
Ali says
I bank transferred my ex almost £1000 in the space of couple months end of last year/start of this year. He agreed to pay £50 MINIMUM each month. and for a few months he did. But I kept having to remind him every month.
After constantly having a go at him etc and him saying how he was sorting his finances out and to give him a few months. I said he needed to start paying more.
HE then made up a payment plan…. the amount to pay back each month and when. Although when it came to it paid nothing. I have still not recieved anything and it’s the second month now.
He has just been on a holiday and has been buying a lot of unnecessary items.. but keeps trying to tell me he isn’t living at home however many people have told me he is lying.
I know his outgoings and incomings
All the proof I have are in text messages saying he will repay etc and then the payment plan he said. Also bank transfers show how much I sent him and that he started to pay me and has now stopped.
Do I need to send a formal letter considering we have discussed it a lot via texts and I have already threatened to take him to court as told by CAB… he ignored my messages for the last month until I publicly posted on his facebook page about him owing me money and that he needed yo contact me. To which all he kept saying was about his ‘homeless situation’ and having no money…
Whereas I have reason to believe he still lives at home and he would have money if he didnt needlessly spend it.
Thanks
Sara (Debt Camel) says
“Do I need to send a formal letter considering we have discussed it a lot via texts and I have already threatened to take him to court as told by CAB” The formal letter I suggested in the article above is the one that CAB would have suggested. I can’t give you advice on what to do – I suggest returning to CAB if you are uncertain.
Kevin says
Hi am Kevin,i bought a car from a private seller.it was a part exchange of my car and I added money to buy the new car.Am suppose to pay 1800pounds for the part exchange and I paid 1400pounds,I took the new car and found out in three days that the car is not good atall,is actually a faulty car,a crap.i took the car to the seller and pick my old car back.But now am demanding my 1400pounds that I paid and he is not willing to pay the money.can I sue tha case.I think he has sold he car but he don’t want to give me my money..what should I do can I pass it to private collectors or I should go to court.i don’t have any prove of payment the only prove I have is the spare key of the car with me please help me as I need my money badly.
Sara (Debt Camel) says
I suggest you go to your local Citizens Advice about this problem.