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
Confused! says
Hi,
My partner and I used to share a joint bank account until we recently split up, he had been driving a car which was registered in my name too, I asked for the car back and he started to demand payment for ‘loss of use of “his” car’ he has also sent me an email demanding that I repay him him for expenses he incurred whilst in a relationship with me (for example £100 for petrol he used when coming to visit me).
I now have my car back however he has contacted a debt collector company who have sent me a letter informing me that if I do not pay I will be taken to the small claims court – because the money he is seeking for repayment for is money he spent himself and not money he loaned to me in any way why should I have to pay this to him and why are the debt collectors trying to enforce repayment?
Sara (Debt Camel) says
The question is, who bought the car? The fact it was registered in your name does not prove ownership. If it was bought by you using money from your account or car finance in your name this is easy. If it was bought by you using money from the joint account it may be harder. You could go to,your local Citizens Advice and ask for their help.
In this sort of alleged private debt, some debt collectors are less than accurate about what they say. See https://debtcamel.co.uk/misleading-debt-recovery/.
If you are sure you can show that you bought the car, then you may want to reply simply to the debt collector that you dispute the debt and that if your ex takes you to court you will defend the case.
Ria says
Hi I lent someone £450 I do have proof via my bank statemnent is there any suggestion as in how to get bank as says they will repay but don’t seem to be and I need that money
Sara (Debt Camel) says
Only what it says in the article above.
Stuart says
I paid a friend £8500 for a car he said he was selling, that was a mobility car.
He said he could purchase the car from Mobility and that I could have it as soon as the paperwork was through.
This wasn’t the case and it turned out that he couldn’t even have the car.
He agreed to pay me back at £500 per month and gave a letter to my works pay department, confirming this.
He paid 10 payments then left, so owes me £3500, it also appears that he has duped a few others too and owes thousands to them.
Is it worthwhile pursuing this or should I just write off the £3500 ?
Sara (Debt Camel) says
Some friend, doing this to one person could (if you are very charitable) be seen as an accident by someone who was clueless. But he sounds more like an organised con man. Do you have any idea where he lives?
Stuart says
I don’t but my works will have his address, it also appears that he is trying to claim money from them for an accident he had and is fabricating things with that too.
I did a bit of research and he owes money to people from his previous employ.
Sara (Debt Camel) says
I am not sure your work will give you his address… I suggest you go and talk to your local Citizens Advice about your options.
Gary Simpkins says
I worked for a company that stopped paying myself, l have gone through the courts and won. The company has stalled in paying me the money over £8500. I have also been to a debt collection agency with no success. The person has since written a payment plan but not stuck to it. I have all the proof of communication & their address. They have closed the company and also filed it on company’s house. Can sue the person directly?
Regards
Gary
Sara (Debt Camel) says
I suggest you go to your local Citizens Advice and they can help you look at your options.
Colm oneill says
Hi l lend a friend £70 a friend 3 months ago he never give me it back how can l get it money back of him please
Sara (Debt Camel) says
Read the article above and see what fits your situation. There may not be a way…
richard johnson says
my friend sold me a car which was still on finance and i was unaware of. The finance company have come for their car. I bought the car for £15000. HE has given me £2000 back so far. But doesn’t seem to bother with the rest. He doesn’t work or do anything with his life and claims he has mental issues. How do i go about getting my money.
Sara (Debt Camel) says
If he has no money, there isn’t a way if getting it back.
Anita says
Hi,
I lent my lodger 8k so they could move into there own place. Before giving the money we both signed a loan agreement. Since moving out they have no given me a penny as they always say they can’t afford it. Last week I found out that they have set up a limited company with one being the named director. If I go through the court route and get it enforced can they take assets from the company.
Sara (Debt Camel) says
do you mean they have bought a house?
pete says
Hi there. 2 person (A,B) decided to move to a flat together, but one of them (B) calls it off on the day of the moving in, saying that he has to go abroad for couple of weeks (family reason) and if he comes back he’ll move in. There are 2 more guys in the apartment. “B” helps “A” with the moving in, he meets one of the tenants and saying to him as well he has to go home for couple of weeks. He had the trip, he cames back to UK, but did not tell “A”, that he is back and then “A” finds out. “A” is calling him and writing to him and tells him he wants the half of the rent. He says he will take this case to the court. There are no contracts signed between “A” and “B”. There are only facebook messages as evidence. Is it worth it for “A” to take this to Small Claims Court?
Sara (Debt Camel) says
The courts really aren’t a good place to sort out this sort of dispute. I suggest A goes to their local Citizens Advice to talk through the options.
Natalie says
Hi,
I lent my married friends money over the course of 18 months and this now results to £2030 pounds. They have since split up and are both refusing to pay me and have Just said “take me to court”.
I have a written agreement for most of the money and bank statements proving money out of my account in to theirs.
What is the best way to handle this?? It’s a lot of money and I really need it bck as I’m a new Mum and was made redundant in my last position before I started my redundancy.
Sara (Debt Camel) says
There isn’t much I can add to what is in the article above. You have to be pretty sure one or other of them has the money to pay you in order to take them to court. I suggest talking to your local Citizens Advice.
Abhi says
Hi,
My friend owes me £70 and he left back to India without informing me. Now he is ignoring my calls and messages. What can I do about this?
Sara (Debt Camel) says
Probably not a lot!
Jackie says
Hi there my problem is kind of the opposite. We agreed to pay 3000cash for a central heating system. No invoices no reciepts and took his word as he was a friend of the in laws. When the job was finished he demanded an extra 500 pound for stuff we hadnt agree on. Hasnt gave us a detailed invoice or reciet to show where it has gone. Now the only extra we ageed on was an extra rad and change a tap which certainly isnt 500. I offered him 250 full and final and he said no . So he said he is going to sell my debt on! Where do I stand??
Sara (Debt Camel) says
This is a consumer problem, I suggest you contact Citizens Advice and ask for their help. But the chance of this person “selling your debt” is very small…
Anne says
Hi
I lent married relatives £20,000 as a deposit on a house. For over a year they were paying me regular amount every month. One has now left the marriage (and the marital home) and is refusing to pay anything towards the mortgage etc. On the day they left this person also cancelled the direct debit to me. The other person is still in the family home but is struggling to pay all the mortgage and due to ill health has been off work. I know that eventually they will attempt to pay me something back. My question is can I take action against the person who left, because although they are claiming to be short of money I know they are still taking expensive holidays, wearing designer clothes etc and have just had a pay rise. This person earns over £35,000 pa whereas I only receive a small pension. I have texts from this person discussing the money, and bank account evidence.
Sara (Debt Camel) says
I think you should talk to a solicitor. It may be that your best action is to get a charge over the house so you get a lot (hopefully all) of your money back when it is sold, which seems likely to have to happen.
Anne says
Thank you for your prompt reply. I doubt I could afford legal advice. I am wary of causing more stress to the person who has been left in the house, as they are genuinely trying to sort it out on their own and have been diagnosed with a serious illness. I will see if I can get a free initial consultation with a solicitor. Apparently their is negative equity on the house (I’m not sure what that means).
Sara (Debt Camel) says
Negative equity means the house is worth less than the mortgage. Was this a new house?
linda greatbanks says
hi my friend wont pay me back she lent £950 and i cant get it back wot can i do
Sara (Debt Camel) says
Have you read the article above? Does she have any money or a well paid job>?
Nicky786 says
Hi,
My mum helped me with a large loan secured against her house so I could put a deposit down for a house. Every month since 2011 I have been paying this money back no problem into her account. I’ve had direct access to the loan company aswell, however now my brother has got involved and paid off the whole loan in in 2017, but failed to tell me this.
He is now demanding the full money back which is not possible, he is now threatening me with a CCJ? The loan was in my mums name so has nothing to do with my brother.
Just need some advise on this please.
Sara (Debt Camel) says
Family disputes are always difficult. It may deoend on what was in writing between you and your mum, but if you have paid each month and the payments were enough to repay the loan she had, you would have a good defence if it came to court. What does your mum say?
Charlotte says
Hi, my friend wanted surgery but couldn’t get the credit in her name so I did it in mine, the total was just over £5,000 she’s paid about £200!!!!! And now is refusing to pay and hasee even messaged me saying she isn’t going to. Can I take her to court.
Sara (Debt Camel) says
Read the article above. If she doesn’t have any money or assets or a good job, there may not be much point.
Natasha says
Hello,
If I don’t know my friends ( owes me money ) current address as we both moved out from our house share and went our separate ways, but I know where she works, will court be able to use her work address for correspondence ?
Sara (Debt Camel) says
I suggest you talk to your local Citizens Advice about this situation.
Abigail says
Hi, I lent money to my ex over a number of years to help him set up and run a business which is now doing well. He has made payments to me of £500 a month but these have been sporadic and have ceased at times. We are no longer together and he is stating he has paid all the money back, although has sent no evidence to this effect. I have sent him statements of all the loans and all his repayments with dates and amounts, and have always said if he disagrees with any of my figures to send evidence to the contrary and I will adjust my figures accordingly, but he never has.
My question is, if I take legal action should I claim against the person or the company? All the loans were in respect of the company but sometimes transferred into his personal account, and the figure still owed is just over £13000.
Sara (Debt Camel) says
I think you need to take some legal advice about this. Also you need to think how much he can actually afford to pay you each month.
Keely says
I have sold my brother a car and set up an agreement with him for him to pay me £150 per month (total payment will be £1800). He paid the 1st 2 months then lost his job so couldn’t pay the 3rd month. On the 4th month he gave me double payment to catch up. He has now lost another job and he is due to pay me today but has told me he can’t pay me until tomorrow. This is becoming such a headache for me and I’m starting to wish I’d never helped him out by doing this! Is there anything I can do to ensure I will get the remaining money? I have a written contract with him stating that I will recover the car should he fail on payments.
Sara (Debt Camel) says
If he doesn’t have the money it’s hard to see what you can do. You should talk to Citizens Advice or a solicitor before attempting to “recover the car”.
Jenifer says
Hi
Me and a friend were supposed to go on a holiday together and we split the cost for the flight and hotel. I sent them the money in full but they were making payments installemntally for the holiday on travel republic, even though I suggested to just pay the whole amount. Unfortunately, they missed a payment deadline and did not have the funds to make a payments which they did not make me aware of, and the holiday was cancelled by travel republic. They agreed they will pay me back as this was their fault. Few months later they were in a situation where they needed some extra money and said would pay me back so this has increased their debt to me. In total they owe about £357 and I have sent them reminders to pay my money back. They are currently a student but was working full time for a while and currently works part time. What next step should I take? Should I take them to court?
Sara (Debt Camel) says
if they don’t have any money, taking them to court doesn’t change this. You may not have any good options – read the article above.
Neil says
I lent a friend forty pound a few years ago she said she would pay me it back the following week I paid it into her bank account but she keeps on refusing to pay me back what can I do to get this money bk as I need it as Ive got no income and. I need it to survive on
Sara (Debt Camel) says
I’m sorry but there may be nothing practical for you to do. I suggest you go to Citizens Advice and ask about this and about your lack of income – they may be able to help with that.
Linzi says
Hi my mom was giving me money to help me out as my partner suffered a stroke last year and I was really struggling she was just putting money into my bank via transfer she authorised when I said I would pay her back she refused and said she didn’t want it back and it was to help me out since then there as been a big family fall out and now she as sent me a court order demanding the money I can’t pay any money back at the moment cuz I’ve had to give up work to look after my partner full time and now she’s gone back on her word saying I’m lying and it was a loan I don’t what to do and it’s causing so much anxiety and stress
Sara (Debt Camel) says
If your mum has started a court case, you need to defend it. I suggest you phone National Debtline on 0808 808 4000 for advice.
Shane says
2007 my wife took out a Argos credit card in my name and we agreed to authorise her as the secondary account and me the main. 2015 we separated. 2016 we agreed that she would pay off the dept on that card it was a few hundred at the time. 2017 we divorced and sold house. 2018 Argos contacted me that £4300 was owed on the card with a £4000 limit and several missed payments have been made. Argos say I’m liable for the dept as its all in my name and my credit is taking all the flack. I contacted my ex wife to pay off the full dept. She says she can’t afford to and is under paying or missing payments each month while the dept is getting more. Should a make small court claim against her as she has bought a house with the proceeds of the marital home and has she has assets.
Sara (Debt Camel) says
Argos are quite right you are legally liable for this. I suggest you try to reach an agreement with your ex for an amount she can afford to pay you.
Shane says
Thanks for your reply. I except I’m liable, my ex keeps on under paying and missing payments. What else can i do she won’t listen to me? Should i make a small court claim of the full amount?
Sara (Debt Camel) says
you are liable, you need to sort out paying this debt yourself. Whether you then try to get the money back by an arrangement or going to court is a difficult question – it may depend how much you have in writing to show she agreed to pay. Also you may win your case but she may still not pay if she can’t afford too.
Shane says
i can’t afford to pay the debt and i didn’t spend any of this money i don’t see why i should. She is agreeing to pay but is under paying while it gains interest each day.
Sarah says
Hi. I lent money to a friend to pay of a debt collectors bill which was enforced on them on behalf of the enforcement office. I paid the debt from my bank account and had a reciept sent to me saying I paid on their behalf from the debt collector company. I also had my friend put in writting that they owe me the full amount and agreement to pay weekly. They signed this. I have not been receiving payments. I also transferred some miney via bank transfer for payment of something which I didnt recieve. There was a cash loan also on top of the above two. I have messaged them and stated that they owe me on all accounts and they “have” accepted via message. If they do not pay me back, do I have enough evidence to support me via small claims court? They do have a job.
Sara (Debt Camel) says
I suggest you talk through this at your local Citizens Advice. It is possible to win a case but never get paid, so you have just wasted the money on the court fees.
Tony says
Hi , my wife paid £9000 for visa purposes one of the solicitor based in Birmingham. He cheated us with the help of a nursing home onwer who is in Shrewsbury.we have all proof of money transactions. Any chance to get back the money or to whom we need to contact .
Sara (Debt Camel) says
This isn’t “my friend owes me money”, I suggest you go to your local Citizens Advice and ask for help.
Jeff says
Hi,
I’m received a large sum of money approx 80k I lent my boyfriend (now ex) approx 40k he’s offered to pay me back a minimum of 100 per month, he said it would be more than this but used the word minimum in case there were times when this was all he could afford.
What options do I have of getting this money back.
This money was from critical illness insurance as I’m a cancer survivor…
Sara (Debt Camel) says
That’s a lot of money. Your options will depend on his situation and whether you have any evidence showing this was a loan not a gift. I suggest you go to your local Citizens Advice or consult a solicitor.
Rachael says
My partner left me last year we weren’t married but during that time had an issue with our electricity meter and ended up repaying a bill of £2000 he won’t help me towards the cost of this even though he was living here. How can I get him to pay his half of the bill. I am no longer with this supplier due to the issues we had they allowed a movement of supply
Any help appreciated
Sara (Debt Camel) says
This may be difficult. I suggest you go to your local Citizens Advice and ask for their help.
Paschal Hanrahan says
In January of this year I got a loan of £21000 to help a woman I cared for dearly who was in debt. Once I had transferred the money into her account she became distant and refused to make any repayments – my bank records show that I have at various times over the last 15 months paid over £25000 into her account to help with rent arrears and credit card bills. Now I am broke and perhaps a wee bit broken hearted as she ignores any contact, has moved to a different address and I suspect racked up further debts, she is a single
Mother on benefits – is this just one very expensive lesson learned or do I have any hope of getting any of the money back over time?
Sara (Debt Camel) says
If she doesn’t have any money then not sure how she could repay you.
Daniel Nicholls says
Myself and a friend recently booked a holiday for ourselves, my son and her daughter. We booked the flights on my credit card and she transferred me her share into my account. We have since fallen out over text and she is demanding I give her back her money claiming I owe her it and it’s my fault she isn’t coming. I have tried to be reasonable and talk to her and repair the rift but she is adamant she isn’t coming and that I owe her money. I did say in a couple of texts that I would pay her the money but I only said this as I felt bad about the fallout. The fact is she has paid for her flights and I have paid for mine and they are non refundable and she is the one cancelling. She says she is taking it further and that I am liable due to the texts I sent saying I will pay her. Does she even have a leg to stand on based on these 2 text messages?
Sara (Debt Camel) says
I suggest you wait and see what happens and then respond.
Susan wright says
I gave my daughter and her partner £22.000 as a deposit for their house 4 yrs ago. They split up the house was sold and they both got £43.000 each after all expenses were paid. When I gave the deposit money her partner instigated a verbal agreement saying if anything happened and they split she would pay me half the deposit money back is £11.000 . I have text and written to her and her mother who was a good friend of mine and no one is replying so clearly she has moved away and has no intention of giving me my money back. What can I do now .thanks .
Sara (Debt Camel) says
It’s a lot of money but without any proof that it was a loan and if you don’t know where she lives it may be hard to do anything.
Paula Naik says
Hi
I loaded my cousin £5000 to stop them having their house repossessed and brought her a washing machine, she promised to start paying me back once they were in a better financial state. This was nearly 3 years ago, they have recently won £12,800 on the post code lottery but still not offered me the money back. I have text messages were she and her husband have agreed to start paying me back, I also have messages were I have sent them my bank details to make if easier to deposit the money, they still haven’t starting paying it, I have received £400 back over the past 3 years. I have now been made redundant without being paid from my employer, have spoken to them again and they have promised to start paying £50 a week which they are able to afford, but they still haven’t starting putting it into my account, what actions could I take please.
Sara (Debt Camel) says
The money they have won may already have gone on repaying other debts. I suggest you go and talk to Citizens Advice, first it sounds as though you may be owed some back pay, then about any benefits you can claim and also about what (if anything) you can do about getting repaid bu your cousin.
Jane says
I recently downsized house and had a fairly new very expensive fridge I needed to sell before moving, as well as several pieces of furniture. A friend suggested he could sell it on my behalf which I agreed to. It has been 3 months since he took possession. When I contact him to see how things are going he seems to be trying to fob me off with various excuses. I have suggested to him that I’ll take the fridg back and sell it myself but he has said he has already sold this and is awaiting payment (on invoice) I am starting to worry that I might not get my money or goods back. He once told me his sister fell out with him as he forgot to repay her 10.00 which in retrospect makes me feel as if I’ve been a bit of a mug. I know he helped a friend out financially several months ago which make me feel he was trustable. I’m not sure what to do from here. I’m trying not to fall out with him as I know it’ll only make things worse.
Sara (Debt Camel) says
I’m sorry but it’s really hard to know what to say here.
Martin Presley says
Hi there, in short i agreed to be a gaurantor for a friend over a £1000 loan.
4 months into she and her partner went into an IVA. They both agreed to set a standing up order for the rest of the money but 14 months later still nothing. I have texts to prove they would set this up, but nothing on paper apart from the loan agreement with the loan company.
Martin
Sara (Debt Camel) says
Hi Martin, who was the lender of this loan you have guaranteed?
Martin Presley says
Amigo loans.
Tasha McCormack says
Hi I took out a loan for a ex partner… I already had an existing loan and in order to take out the loan for him I had to take out a new agreement on my existing loan.. he borrowed £2500 and I had £1800 left of my loan.. so total loan amount I took out was £4300. I have bank statements to show the loan being paid into my account and transferred into his account.. and also bank statements to show him paying me the money each/most months on the odd occasion he would give me cash.. I also have text messages where I have asked him to transfer me the money.. him asking me what the interest rates are and how long is left on the loan.. I texted him in April this year telling him there’s £900 left and he said he would pay in a few months.. we have since fallen out and I’ve asked him for the money and he refuses to pay.. he hasn’t paid so far this year and my bank statements prove this and also text messages to him.. are text messages enough proof if I were to take him to the small claims court along with my bank statements?
Sara (Debt Camel) says
That sounds like confirmation that this money was a loan not a gift. You could consider sending him a Letter Before Action asthe article above discusses.
Adrian says
Hello, I was in prison and one of my friend has read the letter I send to my brother to have access to my bank account to pay the debts to electricity, house rent and different debts. The friend has read the letter and he got access to my bank account and he transferred in his bank account £5000 saying on transfer ” work payment rebate ” , now I an out of the prison and is not answering anymore at my phone calls but is working like a company manager. I need the money and I don’t know how to recover my money back :( .
Thanks
Sara (Debt Camel) says
I suggest you go to your local Citizens Advice and ask what your options are. Or a Law Centre if there is one near you.
Simon says
Hello
I was recently due to spend three nights in a shared accommodation with a person I don’t know very well. They booked the accommodation for the week using their debit card. I decided not to accompany them. They are now claiming I owe them a percentage of the cost. I don’t want to pay for accommodation I didn’t use. The total was £120. Do I have a legal obligation to pay? My view is that they took the risk of bearing the entire cost on themselves, I don’t feel inclined to fund their holiday.
Sara (Debt Camel) says
The law isn’t the best way to sort out this type of dispute. Did the other person have a good reason to think that you wanted to go and were prepared to pay half? I suggest that might be a better starting point. Put yourself in their position, how would you feel?
legally it would depend on the facts of the case and whether either of you had any written evidence to support your story.
DC says
Hi, someone owes me £210 and another item of clothing that costs £60 so in total £270. I made a small claims requesting £270 and he is now refusing to buy saying that it is the incorrect amount and wants to go to court. I am only 18 and am very scared and worried about what is going to happen because I am so inexperienced about the law and am now living overseas.
Sara (Debt Camel) says
Realistically if he intends to turn up in court to contest this and you aren’t there, it may be hard to win. If you want to talk through what happens in a court case, I suggest you post on this forum: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/
Nate says
Hello.
I purchased a pair of tickets from a seller on eBay who is no longer a registered member. eBay have said there is nothing they can do anymore. Despite the seller assuring me more than once that the tickets had been sent by recorded delivery they did not arrive. The seller has now stopped responding to my texts and emails. I have their home address and a record of our correspondence. What are my options? Thanks.
Sara (Debt Camel) says
This is a consumer issue – I suggest you go to your local Citizens Advice if eBay’s dispute resolution procedure doesn’t work: https://pages.ebay.co.uk/ebay-money-back-guarantee/how-to-help.html
Ted says
Hello
A friend of mine booked a holiday with another girl and the girl paid in full on her card and the my friend transferred her share into the girls bank account.
Unbeknown to my friend, the girl cancelled the holiday 3 weeks before departure and was given a full refund but never told my friend.
My friend only found out the holiday had been cancelled the day before departure when she went to check in on line. She has tried to contact her friend to find out what has happened and ask for her share of the money to be repaid. The girl has ignored my friends messages for 3 days and only replied today when my friend told her that she had been to the police.
The girl has offered to repay my friend in two monthly instalments starting at the end of July but my friend wants nothing more to do with her and wants her money paid back in full immediately .
Is there anything she can do to enforce this and will the Police intervene?
Thank you for your help
Sara (Debt Camel) says
the Police will say it is a civil matter, nothing to do with them. I suggest your friend takes the money back in two instalments.
Dorothy says
Hello,
I recently took a phone contract under my name for now an ex boy friend as his credit rating was poor. On the basis he will change ownership after three months if his credit goes through if not he’ll continue paying me as before.
He has ignored me and I have decided to blacklist the sim but he’s able to access Wi-Fi. Through several attempts to ask him to settle the matter or give the device back he has refused and is claiming I should repay him his money for previous months for data and services he was using..how dumb. He now owes me one months worth of payment 64 pounds plus 18 for extra charges and he is refusing to pay n give back the handset. Surely this is a matter that can be sorted through small claims surely he’s technically holding a device that doesn’t belong to him by law.
Sara (Debt Camel) says
It will depend if there is any written evidence about your agreement. I suggest you go to your local Citizens Advice.
Katie says
My ex husband and I took out a loan together few years ago. We are now separated. He refused to pay a half of the bank repayments. The loan was in my name but we took the loan out together . we had a joint bank account and he was also using the money. Can I take him to court to pay me half the money back?
Sara (Debt Camel) says
That may depend on the terms of your divorce.
Louisa Pell says
Hi… many years ago my sister asked if she could lend some money from me to buy a house. I gave her a bankers draft of £50,000 out of my account and she put a deposit on a house and bought it. Since she bought that house, she has not lived in it but rented it out. I have now politely asked for her to return the funds I have lent her but she is continually stalling. She now has other properties too and is renting those out yet she claims to not have the money available to pay me. I do not have a contract or written agreement but proof I took the money out of my account. I assume she would have the transactions on her statement. Is it possible to pursue a claim through the courts. What evidence would be useful to help me with getting my money back? I am thinking of asking her to pay me back an interim sum every month. Would that prove that she does owe me money? Would text conversations help? Could I record our conversations? Any help you could give I would greatly appreciate it.
Sara (Debt Camel) says
That is a LOT of money. I suggest it is worth talking to a solicitor about your options.
Tony Owen says
Hi, I lent £4,000 to a friend who needed an op, she promised to pay in a year, but ended going to Thailand. A few years later I borrowed her another £3,000 to pay off debts, soon after the friendship ended as she became distant and texts were very few. After 6 years I reminded her of the debt, which she did start to pay, £40 a month, then £60, then £100, but it stopped, after a few more texts she began to pay, but only £50, but she is now paying if I mention It. I the time I knew her she is now married with Children – the last text i had in June’17 stating she would get a loan in Dec’18 to pay me off, but I have noticed there has again been no payments for 3 months, she has said she’ll pay the missing payments in Oct, I have mentioned the full payment in Dec, but no reply. Since she had the money she doesn’t seem bothered and has said she wishes not to go to court. I know Its going to be court due to the time, and she doesn’t wish to contact me as the friendship has died, does anyone have any suggestions ?
Sara (Debt Camel) says
You could carry on trying to get her to make monthly payments. If there was a gap of 6 years when she didn’t make any payments she may have a defence to any court case. And if she is in Thailand it may be impossible.
Tony Owen says
She went out to Thailand in Late 2008 for 4 months, but she came back, this is where her life, friendship etc changed. From 2013 to now she has been paying some money, but what she agrees to she never keeps to, any signed agreement always gets ignored. There are approx 8 payments on and off she hasn’t paid and hasn’t bothered to tell me, when I ask she states she could not afford it. In June’17 I did agree a monthly amount of £50 till Dec’18 as she could not afford 3100, but she has already missed 4 months, I have texted her, but waiting a reply.
Tony Owen says
++UPDATE++ I have noticed from the 3 last payments on my account it says REM (account) SETTLEMENT CYCLE….. I have asked the bank what it means and they have said It could be a finance agency. Is this something to worry about ??
Sara (Debt Camel) says
It doesn’t mean anything to me.
Stu says
If I take someone to court for money they owe me and I win, does that person also have to pay my legal fees?
Also, if they offer a repayment plan that I do not accept, how does a judge go about deciding what is a fair amount for them to pay?
Sara (Debt Camel) says
If you win a money claim, the court fees are included in the value of the judgment you get. If you employ a solicitor, the answer is normally No, but you will need to talk to the solicitor about this – it may depend on how large/complex the case is.
This https://debtcamel.co.uk/ccj-monthly-payment-form/ looks at offering a payment and you may find it helpful.
kevin steel says
if I gave my sister money and was later made to sign it as a gift but not in front of a solicitor am I able to get this money back? She has ruined my life while she lives the life of riley!!!!
Sara (Debt Camel) says
If you have signed something saying this is a gift, it may be tricky to prove it was a loan. If it is a lot of money you may want to to talk to a solicitor.
Harry says
Hi
I recently paid a someone I know £150 towards a tattoo he was going to do for me (he is self employed but works at a studio) and after weeks of letting me down told me he would just refund me the money and after constantly chasing it up and getting different excuses I now don’t know where to go with it to get my money back? I still have all messages of payments and promises of a refund but I do not know how to now push things further to get this back. Could you please give some advice
Sara (Debt Camel) says
This is a consumer problem. I suggest you contact the National Consumer Helpline https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/
Helen Bessell says
My ex partner dad help me out and put 500 into my account to help me out due to having a bay and beings single mum. Even tho I broke up with my ex I have still stay in contact with his dad and some fonthe family.
But now I have his niece texting me threatened me and keep message me saying about this money etc and now she said take you to civil court but it not her who give me the money and it was grandad and I have paid him back so fair 250 when i had it but my son got medical issue and has been in out of hospital Onam single mum and right now not going to work due to looking and bringing my son. However I am trying to back the money I can’t pay it back all at once each month j try to put money into his account some time I can’t afford to but I don’t run to out tenner back or what Incan afford .
His niece is now threaten me saying I need to lay it back etc and she taking me to civil court can she do that or does it have to be the person that originally give you the money trajectory you X
Sara (Debt Camel) says
You would have to be sued by the person who lent you the money.
Janet says
15 years ago I lent someone 42k to buy their first home. They agreed to pay the money back when they made the money back, they did not
15 year later and the debt was left unpaid.The said person then married my daughter And divorced her. He left the marriage with 126k and a thriving business but still no return on my money. How can I get it back?? I have proof I gave it to him can I get it back
Sara (Debt Camel) says
The best time to have resolved this was during the divorce. Have you talked to your daughter about this?
Peter says
I owe an old work colleague £16,000, I have several addiction issues which there where aware of. I was borrowing money from them to gamble, when I won I would give them back the money plus extra. Eg, if they gave me to 2000, and I won I would pay back 2500. None of this was written down on paper only via text or email. Things as they do eventually turned bad and I ended up loosing £16,000 of their money. Things turned bad for me and I attempted to take my own life and ended up spending 3 months in hospital, I have said when I start back to work I will begin to pay it off. They are now threating that I will owe ‘someone else’ they money. What can they do to me?
Sara (Debt Camel) says
Is it possible you were borrowing from someone who also gave other people loans? If yes, then they are an illegal money lender, often called a loan shark. If you think this may be the case, I suggest you contact http://www.stoploansharks.co.uk/contact-us/. They are the experts.
If you don’t think that is likely, then I think it would be a good idea for you to go to your local Citizens Advice and ask for their help with this debt and with any others you may have.
serena says
hello my husband asked a handy man who was also his friend too help him sort out his house, meaning some work needed to be done on the house …anyway my husband agreed too pay him £5o cash a day for two weeks help….no contract no nothing…the guy was paid cash..he accepted it…anyway after 3 months the guy handed a letter too my husband demanding more money for his work….my hub not responded. can he do that …if there was no agreement just cash in hand was paid to that guy…all help appreciated.
Sara (Debt Camel) says
This is a consumer issue, I suggest you go to your local Citizens Advice for help with it.
Jemma says
Hi…I took out a car loan for a friend because her car broke down and she wasn’t working and she needed to take her child to school. The new car broke down after two years and she gave it back to the company to sell at auction. The total debt was £8000…now after the auction £4000 still owing and she refused to make monthly payments. Also, I took a credit card out for which she max out and gas mad no payment. I have prove via communication that this is her debt! What can I do to relieve myself of the debt?
Sara (Debt Camel) says
This debt is your debt. She also owes you money, but that doesn’t change the fact that the car finance and credit card debts are yours, not hers.
If she isn’t likely to be able to repay you, there is probably nothing you can do to get her to pay. You have to plan to repay your debts without help from her.
martin summers says
I transferred some monies to a friend just over £300 in August 2018 as “loans”.
They were short of funds and had exhausted their overdraft and needed £ towards food etc.
They indicated that in Sept they would be in a better financial position.
We left question of repayment in abeyance.
They gave me 2 cheques £80 & £60 dated 1st Sept but asked me not to present them at that stage.
We have since fallen out.
I e/m them in Nov. saying i intended to present the cheques in mid Nov & mid Dec. and if cleared would consider the matter closed ie would accept £140 although they owed £300+
They have since cancelled the cheques. Their reason being “break up of friendship + dates planned to present cheques were inappropriate”.
They have limited funds and I feel very annoyed that they have abused my kindness.
Too small to take to small claims court but any thoughts welcomed.
We live c.70 miles apart.
Sara (Debt Camel) says
No useful suggestions, sorry.
Janet says
Friend A loans a total sum of £640 to Friend B over a period of time. All in cash, no direct transfers to bank accounts. Friend A obviously wants the money back now (within 6yrs, England) and Friend B offers to pay £20 per month, standing order set up so evidence that Friend B is repaying the loan, albeit slowly.
Friend A now has taxman after them due to prev self-employed status and wants Friend B to repay rest of loan before end of March, has provided figs for remaining 3 mths. Friend B cannot afford to do so, but has upped standing order to £30 per month instead.
Friend A now stating they will put this to small claims court if not paid up by end March.
Am I right in thinking that if a repayment plan is already in place, Friend A will not be able to get very far? If Friend B continues to make the (increased) payments, that there is no case to answer? They cannot afford to increase from the £30 offered.
Thanks in advance
Sara (Debt Camel) says
If it was intended originally that the loan would all be repaid on demand, making low repayments may not prevent a CCJ as the low repayments would still breach the original agreement. If there is nothing written down it is hard to say what would happen.
Kirsty says
Hi my friend booked a holiday for us both with afreement i paid her back. I couldnt go in the end due to my anxiety & depression (have docyors notes availble) so she took her friend with my permission. (I did say to see what her friend could pay & is pay the rest, due to me not being in the right frame of mind & felt bad letting her down) she has now put in a small claims against me. I paid her £100 for the name change. I really feel i shouldnt pay due to me not being fit to fly due to my mental health. Then her friend taking the holiday & staying in the 5 star resort in mexico. I am always not in a position to pay as i already have an IVA against my name & just feel i couldnt go on an amazing holiday due to my health. Any advice would be great thank you.
Sara (Debt Camel) says
I am not sure how you could ever have afforded an amazing holiday if you are in an IVA. Can I suggest you go to your local Citizens Advice and talk about this court claim and your overall situation.
Joanie Thompson says
I lent my ex husband 1300 last year we went to the bank together and I gave him the money inside of the bank but he refused to pay me back what should I do
Sara (Debt Camel) says
If you gave him cash and there is nothing to show that this was intended as a loan there may be nothing you can do.
Pip says
Hi. My ex-husband and I divorced in 2012 because my son and I were experiencing domestic abuse. He left me in a lot of debt, emptied out our joint savings account and had to be forced to pay maintanance by the CSA. I asked him to close the joint current account as being linked with him financially was affecting my credit rating. He repeatedly refused. A payment was made into the joint current account which I withdrew. He claims it’s his money and wants me to pay it back within 14 days or he’ll take me to small claims court. As the money was in a joint current account with both of our names on, am I obliged to give it him back if he can prove it was a payment intended for him or does the fact that it was in a joint account mean that I am as entitled to it as he is?
Sara (Debt Camel) says
I think you should talk to the solicitor who handled your divorce. If nothing else, you may be able to bargain that you will return the money when the joint account has been closed.
Stephen says
Hi ya so bout 4 years I lent a friend money to big pay day loan debts of around £30k I knew I was saving so him much money so we agreed to pay me back £35k over 10 years we both signed it and seemed a better because the way was no way of him getting out of pay day loan debt like that so it seemed a good thing to do. Bout 2 years in he asked if we could stop the interest which I agreed. I didn’t no that this was Illeagl if he wanted to press charges even thou we have cancelled the interest can I still get in trouble? we still speak and have a paypayment plan in place im just worried if he turned on me one day.
Sara (Debt Camel) says
It isn’t illegal to lend a friend money. It’s not illegal to charge them interest – but I hope you have been declaring that to HMRC to pay tax on it.
It is illegal to do this as a business. A loan to one friend isn’t a business, but if you have done this with several people and were charging interest, you may find the regulator would want to consider if you were operating a business.
Stephen says
No this just a one off and like I said we cancelled the interest which was agreed and now is just paying back the £30k
Patrick says
My step daughter and her boyfriend owe me £2500 it has only been 6 weeks but they still have not got payed any they both earn Reasonable money can you help
Sara (Debt Camel) says
The article above looks at what your options are.
Brigitte Cuthbertson says
My friend owes me 9,500 I have repeatedly helped him out with his new business I have a record of most bank transfers which clearly stated business loan, however, I did give him £3000 cash but obviously the withdraw shows on my account. I’ve repeatedly made request for my friend to start make repayments and no money has been forthcoming. This issue has been going on for two years.
Sara (Debt Camel) says
How well is the business doing? Is it a limited company ?
Abi says
Hi,
I borrowed my friend £200 on the understanding this was paid back.
The only proof I have of this is on a text message and then me chasing this again on another message, any advise?
Sara (Debt Camel) says
The article above looks at this – it is a very difficult situation.
S says
Hi, I am owed about £4000 from a friend, it has been about 2 years now since i have been trying to get the money back. Just about 3k is owed in online shopping using my accounts and i also took out an £800 credit card for her which she never paid and has now gone to debt collectors, the balance is now £971.33. She also owed me 1k in cash which i have managed to recover.
Most of our discussions have been via messaging, and in the latest of these discussions she requested the break down of money she owes, to which i replied with the exact amounts. Since this time i have not received a penny. Will the text conversation of her acknowledgement of the debts be sufficient enough as proof?
I suffer severly with depression, i dont work as i am a full time carer for my 15 year old son, and these debts have made me ill, having panic attacks and not knowing how to manage. I would very much appriciate any advice as i am at the end of my tether.
Thank you for your time.
Sara (Debt Camel) says
Does your friend have any money?
Sorry to hear you are finding it hard to cope, do you have other debts as well as these?
Have you told the debt collector about your mental health problems and offered them a low monthly payment?
S says
Hi thank you for replying. Yes she has the money, because within the last 2 years she purchased a range rover for about 8k, she also had a business which was successful in terms of income because both her and her partner could afford to run it together, and she managed to agree to a 10k loan with repayments of £900 a month and hasn’t defaulted on those payments. In the whole time shes owed me money shes purchased ipads for all 3 of her children, top of the range dr dre headphones, airpods, 2 brand new mobiles, herself and her children are wearing branded clothing. And thats just what ive seen around her house. She has now had to go back to work to pay for the loan, since deciding to give up the business and i have since found out she has been doing a monthly saving of £400 a month for past few months. From what I know, her partners income covers all the household expenses rent bills etc and her income covers the loan amount. Sothe money is there.
Kevin davey says
I asked a friend to list a TV I was selling on Facebook for me but in the end my friend agreed to sell it to a work mate he told his workmate to collect the TV and agreed he would pay for it on his next payday this payment has never been made and I was just wondering if I have a valid claim against my friend i have prove that i asked my friend to sell it for me and that i was expecting to receive £150 fir the tv
Sara (Debt Camel) says
As the article above suggests, you could take the evidence to your local Citizens Advice and ask for help.