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
Anon says
Hi,
I previously lived with an ex boyfriend 9/10 yrs ago, I owned the house and he moved in with me for a short time. The relationship broke down and he moved out, transferred I think what was approx £2000 to help with bills/mortgage when he left until I got another lodger. We were on fairly good terms but both moved out of the area and haven’t had contact from him in probably 6/7 yrs then out of the blue he decides to send me threatening messages that he now wants that money back. I have ignored him so far as he is not a very nice person with very controlling behaviour and quite frankly I do not want to engage with him. Can he really come after me when it’s been this length of time? What options do I have because if I’m honest I’m scared of him and what he’ll do. Thanks
Sara (Debt Camel) says
I suggest you talk to your local Citizens Advice. It seems pretty unusual for someone to give you money when they move out if it is your house. But it was quite a while ago.
Thomas says
If it’s been over six years after the last time you made a payment or acknowledged the debt in any way, it is deemed to be statute-barred and can no longer be legally pursued.
Perick says
Hi
Someone I know owes me money for over a year, eventually I had to go to a dept collector.
The “friend” now pays little instalments each month to the dept collector and I will get my money back in approximately in 15 months. (So 2 years since I have lent him the money) however the dept collector will keep 20% fee from That money. Can I (is it legally possible) to ask the lender to pay for that cost? After all I should at least get back what I lent especially after waiting for so long.
Sara (Debt Camel) says
is this money owed to your business? or was it a loan between two private individuals?
Perick says
A personal loan to help him out, however all transactions were made via bank transactions.
I m also gurantor to a loan he took and he can.not pay that either.
Sara (Debt Camel) says
Who is the debt collector?
Bella says
Hi,
My friend changed our package holiday (6 people) without asking me first. She was aware I was in work at that time too which is frustrating. This meant I was unable to travel as the country she changed it to required a visa as my passport is different to hers and the others. There was not enough time to get a visa as she changed it 6 days prior to departure and the next available date at the embassy was in 4 weeks excluding processing time. She is refusing to pay me back (£500). She said it was not her decision alone when in fact it was as she was the lead booker and she was aware I was in work. The other parties involved said they will contribute however she must pay the full amount. She still refused to do so and is being a very difficult and disrespectful person to deal with. Therefore. I am still owed my £500
If I take her to small claims court would I have a chance in winning? I can gather statements from the other parties involved and the bank statement which I transferred her to has a clear statement.
Thank you.
Sara (Debt Camel) says
I don’t know, sorry.
Jason says
Hi,
My ex-colleague borrowed £250 from me last year(2019). I told him to return it to me before September this year(2020). He said OK, but in September he couldn’t answer the call, My social account blocked me, but it still works. I have conversation records and account transfer records. Is there a way to sue him?
Thank you.
Sara (Debt Camel) says
the article above looks at this and what you need to think about before you start court action.
Rachel says
Hi,
A friend took out a personal loan for £10,000 in their name which I agreed to pay back. We fell out & I didn’t pay them back (for various reasons). The only proof that this loan is linked to me is them emailing me one time & saying I owed them money & me replying that I didn’t have any. This was 5yrs ago & I haven’t heard from them since. Is that enough proof that I owe the money?
Is it possible that a debt company would buy this debt as I’ve had a random phone call from a debt collector this morning? I don’t owe anyone else so can’t think what it’s for but don’t want to return the call to find out what it’s for.
Thanks
Sara (Debt Camel) says
The only proof that this loan is linked to me is them emailing me one time & saying I owed them money & me replying that I didn’t have any.
There wasn’t a transfer to your bank account?
Ian says
this thread is very apt for me. ( I do not know this person and my query is unrelated to this person) . However I took a loan for 10k out to help a friend 2 years ago, and have proof of transfer into their account and them making two payments to me before they totally blocked me and now have to pay for it all. Can I sell the debt to a collector or how Can I get anything back. Please help, it’s ruining my life
Weatherman says
Hi Ian
Your question’s answered in the article above.
You wouldn’t be able to sell the debt to a debt collector (they wouldn’t be interested in it), but you might be able to sue your former friend. It would only be worth doing this if you know where they live, and if they have any money, or else it will be impossible to get them to repay you, even if you get a court judgement. If you think it’s worth going down that route, the Citizens Advice page the article linked to is useful: https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/
limz says
Hi, i am in the same position, i lent an ex 15k. I wondered if you was able to do anything on getting your money back?
Sarah says
Is there a time limit for someone to claim you owe them money? I lent a friend a large sum of money (£16k) over 10 years ago, is it too late to try to get the money back via the courts? Any advice would be appreciated.
Weatherman says
Hi Sarah
The same rules about ‘statute-barred’ debts apply to a loan from an individual as to other debts. So unless in the last six years your friend has made a payment that you can show was towards the debt, or has acknowledged the debt in writing (including a text or email) you won’t be able to bring a court case.
Allen says
Hi,
I previously had lend a friend of mine £600, and this was a year and a half ago. This was because he was short on paying his rent since he had lend money to someone else. I did this via online banking, so there is a receipt of this transaction happening, and since then he has bought a car, is paying monthly for his car’s tax and insurance and what have you and is denying that he can pay me back. He is financially supported by his family and he works part-time too. Does the receipt of the online transaction account for enough of an evidence for a court? I do know his address, his number and all the relating details so I know where he is.
Regards,
Allen
Weatherman says
Hi Allen
On its own, the receipt of the transaction won’t be enough – your friend could say you just gave him the money, and it would be your word against his. If you have anything in writing (texts, emails) that says it was agreed how much you would lend him, and that he would repay, then you’d stand a better chance.
The court will expect you to have made reasonable efforts to recover the money yourself before going to court, and to warn your friend that you’ll take this to court if he doesn’t pay. There are also upfront costs involved, that you would get back if you won the case.
Kate says
Hi I lent what added up to be £4500 to an ex partner over a period of around 14 months over 2 years ago. At the time he was depressed and unable to work so was for paying essentially bills and food. I have a number of texts from the time period where he has asked to borrow money and all the transactions are either bank transfers to his account or transactions on my bank account for shopping/ utilities etc.
I originally asked for him to start making some repayments over a year ago and he asked me to provide a break down of the amount which I did. I then have emails from him agreeing to make repayments and some actual bank transfers from him in line with the agreed amounts. I have had no payments now for 11 months and recently contacted him to ask him again to start making a repayment he could afford. He replied that he wouldn’t be making anymore payments – £4000 is still owed – and that he now believes since we won’t be getting back together that he shouldn’t have repay!
Do you think I stand a reasonable chance with the small claims court given that I have emails where he has agreed the amount is owed and offering a monthly repayment amount?
Many thanks
John says
In 2008 I lent my landlord/ friend £4000 to help with fitting central heating , he promised to pay me back( in writing) in 2009 . He then claimed I left his flat in a poor state and used that as an excuse not to pay me back .
He then to my face and via text said he would give me my money back , I have used two debt recovery companies which have been useless, sought legal advice from two solicitors .
Written various letters and sent texts to the debtor, received threats from the debtors solicitor accusing me of harassment. There was a text sent in 2016 promising my money back which I thought would “ reset” the 6 year time bar , the debt collectors just collected money from me but not the debtor
I have tried to move on but I can’t .
Not sure what to do next
Weatherman says
Hi John
Unfortunately your only option really is the small claims court, as long as the debt isn’t statute-barred. You don’t need a solicitor to do this. I can’t advise how likely you are to succeed (it sounds like the person you lent money to will challenge the claim), but this is the option left to you: https://www.gov.uk/make-court-claim-for-money
If a solicitor has already said your chances are quite low, I would really recommend giving up on this, however hard that is – otherwise you’ll just be spending more time and money chasing the money. But it’s up to you.
Sara (Debt Camel) says
I think Weatherman is being realistic.
You could post on the Legal beagles forum https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/bringing-a-court-claim about this.
lisa says
Hi
I took out a loan for a friend of mine of 10k. this was 2 and a half years ago. I bank transferred 7k to her account as I borrowed 3k to a friend of hers before I took the loan out and I couldn’t get it back of him he was messing me about so as she was unable to take a load out she said for me to get a loan of 10k and take the 3 k her friend owed me and she will get it off him.
This was all done by bank transfer so I have the proof.
For 30 months she was paying the loan in my account 2 days before the direct debit was due and paid back £6900. then she called and said she has paid back the 7000 I gave her and left me with an outstanding loan of £4900 with all the interest added as it was added monthly
I have all the bank statements of the payments she was making.
What can I do now she has stopped?
please help
Susan says
My ex partner and I went through IVF. All bills were in joint names but i paid on my credit card with the agreement (verbal) that he would pay his 50% share. We have broken up and he is refusing to pay me his share. I have received nothing from him. Would i win in taking him to court?. IVF was unsuccessful.Thanks
Weatherman says
Hi Susan
I’m sorry to hear about your situation. Unfortunately you’re very unlikely to win in court here. As far as the credit card company is concerned, you used the credit, and your ex can (and it sounds like he will) just say there was never any such agreement. If it’s your word against his, the court won’t change the status quo – which is that you alone owe the debt.
If you’re having difficulties repaying your debts, call National Debtline. It’s certainly unfair that you’ve ended up with these debts in your name only with no support from your ex, but if you can’t change that you can at least stop things getting worse: 0808 808 4000
Sara (Debt Camel) says
Are there any other debts or assets to be split up between you? Because if so, this debt should go into the mix.
Arv says
Hi, I loaned an associate friend £20,000 on a short term personal loan agreement – on the 18th of Jan 2021, in the written agreement / contract he agreed to pay me back on the 1st of February 2021 in full with a fixed interest amount of £5000 one his family trust money is deposited. He assures me the money will be paid and is with his accountants to deal with – apparently the funds will be sent via BACS and can take 3-5 working days to clear and he has sent me a remmitence advice note showing payment has been made on Tuesday the 9th of February meaning the 5th day will be Monday the 15th of Feburary. On Friday the 12th of February he sent me £2.5k to my account as a good will gesture and to appease me for the delay. Do I have anything to be concerned about? and where do I said on taking this legal IF need be? I have a signed loan agreement, various email and text messsage exchanges confirming the loan. Thank you in advance for your advice.
Sara (Debt Camel) says
Do I have anything to be concerned about?
I think you are more aware of your situation than anyone else can be.
The article above looks at your options if the money is not paid. As it is a lot of money you may want to talk to a solicitor.
Kumar says
so i did the small claim court, but as soon as the defendant saw the letter from that day he didn’t see it, i went to see where he lived, but the owner of the house told me that he didn’t show up since two weeks and even stole his money, not only me, he asked for money also other people who work in this company . we work in the same company, and this company knows nothing where he is and they are paying this person with vacation. i don’t know what to do, i think this person is still here in town. how can i act? what should i say to judge?
Sara (Debt Camel) says
I can’t help you with a court case. I suggest you talk to National Debtline on 0808 808 4000 and/or post on the Legal Beagles forum: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/bringing-a-court-claim
Caroline says
I lent my friend approximately £300. She has repeated most of this, but still owes me £50. Is it worth me taking any action? I have NUMEROUS text messages from her saying that she will pay me, her most recent saying that she had set up a standing order. Obviously, I still received no money.
I don’t want to just allow her to keep it, but I’m trying to be realistic
Weatherman says
Hi Caroline
For the remaining £50, it’s extremely unlikely to be worth it, annoying as it is. You’d either need to bluff and threaten to take her to court, or actually do so (the latter would incur court fees).
Sara7 says
Hi can I have some advise. Been with partner for approximately 12 years in that time I have worked full time and he was not working for 9 of those years. So his mum agrees to support us in paying slot of our Bill’s and allowing me to use her debit card. Mother in law is of sound mind but now come to light and partners sister has found out and says we should never of put that pressure on mum and she was left with nothing each month. His mum always agreed to help us and she has been getting her ststements each month. His sister says we should stay apart now and not be best of friends. I have messages in the last few weeks saved on my phone and mother in law saying a did not steal from her and she wants to forget it. My concern now is that daughter might convince her mum to take this further. Please some advise
Weatherman says
Hi Sara
This sounds like a very difficult situation. It’s certainly unlikely that anyone could make a claim against you for unpaid debt here. That could only happen if there was a written agreement by you to repay the money.
It also seems very unlikely a theft case would be brought in this situation – but if you’re worried you should speak to someone who specialises in criminal law, as this would take it away from being a debt case. Your local Citizens Advice should be able to help, or put you in touch with someone who can. But aside from a difficult situation with your partner’s family, I don’t think anything else will happen here.
Sara says
Thank you so much for your reply. So I cant go to prison for this as mother in law was getting her ststements and never disputed any payments in the past .
Gemma O'Brien says
Hi I live with an ex and his family. He’s claiming that I owe him money for looking after me when I moved in and I have paid thousands out to him since mid 2019. I’ve been questioning why he wants money from me as it only happened when I got a job. I have ordered all my bank statements from 2019 to mark all payments to him off and add them up. Is there anything else I can do to get justice as I think I’m paying his debts to his sister off as he has admitted to me that money goes to her.
Weatherman says
Hi Gemma
If you didn’t agree with him in writing that you would repay when he e.g. paid your bills or gave you money, there’s no ‘legal’ problem here. That doesn’t mean it’s easy of course – but he will find it very difficult to take you to court. Unfortunately there’s no way you can stop him asking you to repay him or claiming you owe him money, but other than that he won’t really have any options.
I think adding up all the payments you’ve made to him is a good idea as it might shut him up.
Maddalena says
Hi,
I’m the guarantor for my sister loan with amigo loan, now my sister has decided to not pay because she say that her ex-bf should also pay the loan as they spend the money together . I have called amigo loan explains the situation but they say I have to pay as I’m responsible. My question is can I take her to court to make her pay the loan? Or what can I do legally to make her pay for her loan?
My family say I should just forgive her this debts but is not mine I never used o spend money form this loan.
Sara (Debt Camel) says
to answer your question, yes you can sue your sister for “undue enrichment” – I am not saying this will be easy.
But have you had an email from Amigo about their Scheme? You may be able to make a complaint to the Scheme saying that the loan was unaffordable for your sister.
And she may be able to make a complaint that it was unaffordable for her. If you win your complaint you are removed as guarantor.
If she wins hers, you are removed as guarantor but also all the interest is taken off, so she only has to repay what she borrowed, which may not be much more?
And if the Scheme doesn’t go ahead, Amigo will go bust and you and she can both make complaints to the administrators.
You would be likely to get the same result if Amigo upholds your complaint in the Scheme or the administrators do in administration.
There is no downside to you both doing this in the Scheme or in Administration.
katie says
Heya,
basically I’m in about £9000 worth of debt because of an office me and my ex business partner (who was also my best friend at the time) rented out, she guaranteed me that she will pay her half of the rent but when it came time to she never did and ghosted on me. I am now stuck with a debt collectors team and feel that its only far for me to sell her laptop and camera to help part pay for this debt she has left me with. Am I allowed to do this?
Sara (Debt Camel) says
How come you have her laptop and camera? Were they business equipment left in the shared office?
SP says
I borrowed £50k from a partner (they borrowed half of it from a bank, as I couldn’t get a loan) to finish building a house I had started to build. They then moved into the house with me. When our relationship started to fail (after 4 years living together) we wrote out a loan agreement for me to pay them back, as per our verbal agreement with each other. We agreed on a little less than the original loan as I had paid all of the bills while they were living with me. The loan agreement has a repayment schedule and interest rates, and it was signed and witnessed by a neighbour. It says they have no interest in my house beyond this payment. They have moved out and I have emailed them to ask for a bank account so I can start making payments, but they are not replying to me. Do you think they can wriggle out of this loan agreement?
Sara (Debt Camel) says
I think your ex may be well advised to talk to a solicitor. I can’t guess what advice they might be given.
sp says
Thanks. I would expect he’s already done so, as he’s a high earner.
limz says
Hi Guys.
i lent my now ex 15k. itss been over a year and he has not paid a single penny back. he went dubai for a career and lost his job, now back in the UK. i have his address, and emails and whatsapp of the loan. iwould really like to take him to small claims, however he is on low income and now is unemplyed again, if i win in court and he decides not to pay i could fiull in a form and ask for detuct from pay. but i am unsure if i shouldd do all this, worried ill loose even more money on the way. he has no possesions either. and the only way i know of his employment status is through him so if he decided to never talk to me again what can i do? what would u guys do in my position? if anyone had gone through small claims, what happens after u fill in the form? and has anyone deucted from wages before, or low income? pllease help.
just to add i have alspo lost a further 15k to an business investment and they have been liquidated and now ive lost that also. so the 15k means so much. ive lost my job.
Sara (Debt Camel) says
If he is unemployed then there are no wages for anything to be deducted from.
If he is on a low wage, if he offers a low amount such as £10 a month to the debt and this is all he can afford then that is all you will get and you cannot apply for deductions from his wages.
Samantha says
I moved in with my ex may of 2019 and when discussing me paying towards the bills he said my share would be £450 a month, I just agreed as I presumed, as a 27 year old with a house and his head screwed on, he calculated his bills and worked out my part. 10 months in I found out I should have only been paying £350 a month rather than £450 (after going through the bills and calculating everything) when I questioned him on this he firstly didn’t believe it should be that low so I showed him and then he agreed. However when I questioned him on the extra £100 I’d been paying a month, for the past 10 months, for no reason other than he’d given me a random figure he thought was about right he said that the £1000 went towards decreasing the monthly mortgage payments. I left it as well I presumed we’d be spending the rest of our lives together so it wouldn’t matter, but then he ended the relationship and I feel I’m owed that money back but he still thinks he doesn’t owe me it back. I’d also like to point out that within the monthly payments to him I wasn’t just paying towards water, gas, electric etc… I was also paying half of the monthly mortgage payment, would he technically owe me all of those payments too as I no longer live there? Also just to clarify it wasn’t a house we got together it was his house that I just moved into so nothing was in my name everything to do with the bills was his I just paid my part as requested.
Sara (Debt Camel) says
I suspect you will have to write this off to experience.
Jamie says
i had an ex who stole/manipulated over £61k out of me over a 10 month period. i have proof of all the transactions. i am in contact with her and she keeps saying she will pay it back (in installments) on this date and that date but the come and go. its lie and after lie to fob me off for another week or so. how do i go about recovering this at minimal cost to me? she has left me broke thru this and unable to afford full lawyer and.or court fees etc. i am in Glasgow if that makes a difference to advice etc
thanks
Sara (Debt Camel) says
I think you need some advice on this. Try Citizens Advice (https://www.citizensadvice.org.uk/scotland/about-us/get-advice-s/) or a local law centre.
John says
My mother in law gave me and my wife £8k to put down as a payment as a deposit on a house. We told her we didn’t need that large a sum. We only needed £4k, she gave us £8k anyway. She told us not to worry about the deposit on the house and to pay the remainder. We paid the deposit and returned the £4k she asked for immediately.
We have all since fallen out last year, which resulted in a guilty court verdict for her husband (domestic abuse). We think they’re doing it out of revenge, but it’s been 6 years and 2 days to be exact, regarding the last payment.
Any help would be appreciated.
Sara (Debt Camel) says
So is she asking you to pay it now?
Were you expecting to have to repay it or was it a gift? Is there anything in writing about this?
John says
Yes, we had a letter addressed to us asking to now pay back the full amount. We weren’t expecting to pay back the remainder. I’ve seen there is a 6 year period since last contact about the money. There is nothing in writing at all about any money.
Sara (Debt Camel) says
ok, well it may be better if things have got really difficult if you get a solicitor to write to her.
Progress says
Hello Guys
My ex boyfriend owes me £320 for the past 6 months and the money was given in cash and he keeps saying he will pay me back but I have not received anything. I have proof of text messages and voice recording claiming he will pay and when I agreed to give him the money in the beginning. He gets angry whenever I ask for my money and I have told him to do a standing order, he refuses and I have told him to pay half of it now and he still refuses and says he does not have any money. He said by August 29th 2021, I will receive the money.
Additionally , he borrowed the money in early January and he said i will get my money back by 16th January 2021 and once he receives his salary, no payment was made then he said in May i will get it. no payment was made.
What can I do if he does not pay me back by that deadline? and is text messages and voice recording enough proof to show the communication we had and agreement of receiving my money? Lastly. when is the best time to report this please?
Thanks
Sara (Debt Camel) says
What can I do if he does not pay me back by that deadline?
The article above looks at this. A lot depends on whether you are sure he really can afford to pay you. If he hasn’t, nothing you do will get you paid.
are text messages and voice recording enough proof to show the communication we had and agreement of receiving my money?
For a court case? You could ask in a legal forum eg https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues
when is the best time to report this please?
There is nowhere to “report” this to. If you mean when to start a court case, as he has given you a specific date, you could decide to wait and see if you are then paid before sending a Letter Before Action.
Progress says
He keeps telling me he is broke but he has a BMW car that he maintains and keeps in good condition, electric, WiFi and Rent bills that he pays and I do believe he is able to pay.
Thank you for your response.
Andrea says
Hi,
Looking for some advice on resolving the following situation.
My partner passed away over 3 years ago and one of my neighbours was subsequently helping me with work being carried out on my home and he also helped with selling my car. A lot of the work was paid for up front but delayed for one reason and another and the car was sold part cash and a car taken in part exchange (which was to be sold on at a later date and the outstanding balance given to me). Sadly my neighbour has now passed away and I now understand that all of the money I paid across was paid into his wife’s bank account and there is no sign of the car. Having contacted the family to try to sort matters out, they are ignoring my calls and messages and although I do not want to get into dispute with them, and I am sympathetic to their situation, I am financially impacted because the amount owed is quite considerable and also feel that I have been and continue to be taken advantage of. I want to resolve matters amicably but am at a loss as to how to do this without taking formal action. Any advice would be appreciated.
Thanks
Sara (Debt Camel) says
That sounds very difficult for you. I suggest you talk to your local Citizens Advice about what evidence you do have that the car was yours. It may be a poliet letter letter setting out the situation would help rather than going to court.
Colin says
My father died and my mother wanted to sell the family home and buy another house. She found a house but she couldn’t get a loan so my 3 siblings put pressure on me to lend her £500k until she sold the family home. I borrowed the money from my business that it HAD to be repaid within the tax year (or I’d have to pay tax on the loan). My clueless siblings made a complete mess of the building work and it ended up with the builders in court and a £200,000 cost over run. Despite it being my money, my siblings wouldn’t tell me what was going on, how much had been lost and how it was going to be repaid. Eventually, I had to arrange a short term loan to repay £500,000 to my business. The family home was an emergency sale and went for a lot less that it was worth. My father worked for 40 years to give to us 4 children and 12 grandchildren but it’s gone. During the worst of all this I got out my shotgun to shoot myself. Fortunately I smashed up the gun, sought counselling and gave up my licence. The loan has since been repaid but it cost me a lot. I haven’t spoken to my siblings for two years and don’t intend to again. The relationship with my mother is extremely difficult. The lesson learned is not to lend more than you can afford to lose to anyone. I mean anyone.
Alison says
The quickest way to lose a friend is to lend them money. Never do it. Lending money is what banks are for, and if the bank won’t lend you money, then go without. I found this out the hard way and filed it away under “lessons learned” after I lent a “friend” a shedload of money who took it and then disappeared. Never again. #muggins
Pam L says
A similar situation to the others my daughter has lent money to a “friend” over the last few months amounting to £2.5k. She has enduring mental health problems and was harassed by this older person to lend her the money . My daughter is now struggling and having to rely on family and friends to pay her bills . The women is refusing to pay back and guilting my daughter by saying her teenage children will have to go without and she doesn’t think it’s fair to pay her back when my daughter can borrow off family and friends . I am so cross not sure wether to go to bank or police . Any advice would be appreciated
Sara (Debt Camel) says
How old is your daughter? What does she think about the situation?
Did she borrow this money or what is her savings? If she borrowed it, who was the lender?
What does your daughter not have enough money to pay her bills? Is she in work? on benefits
Pam L says
She is 27 , she is very upset about the situation, the money was what she had managed to save during lockdown when she moved in with me and her sister . My daughter isn’t in work due to her poor mental health and receives only ESA so can’t really afford to write off the money , she has had to borrow bus fare, money for food off me until she gets her next payment .
Going forward I think I’m going to try and get POA for finances
Sara (Debt Camel) says
POA May be a good idea if she likes that approach.
Is she still living with you? Does she have any debts?
Anon says
Hi,
A work colleague owed me £1700 since the last year and has only recently paid most of it back (1300). Still 400 remaining which they said in text messages that they will pay in two instalments over the next 2 months – I agreed to this. However, after giving the large sum of £1300 they have blocked my number (they were very upset that I did not compromise on them paying the £1300 by the end of the month). I will wait until the date when they said they will pay me next month to find a way to contact them. What can I do if they refuse to pay even though I have text messages saying that they owe me £400 and will pay it back. Will I be able to sue them for this money?
Many thanks
Sara (Debt Camel) says
The article above looks at your options. The first is to write them a formal “Letter Before Action” letter.
The problem with suing someone is you may win the case and they may still not pay you, as the article says.
Sarah says
I have lent someone at work £5000 in total over the last 2 years. He keeps saying he will pay me back in full and promises he will but never does. He sends me screenshots of payment screens from 2 bank accounts that he has but money never ends up in my account. He has more than enough money. Recently he asked me to lend him some more money but I said No as my savings are at an all time low. He then said I hope I have a good life and he will sort out the money. This have become very nasty. He’s blocked my number and he said he’s also blocked me from emailing him. I have said that I will go through small claims court to get the money back. He said that he has proof he has sent the money but again it’s not in my account. He is now (apparently) chasing it with his bank and he said he will send me the details of the conversation ( but he hasn’t) . He said he will send me £500 in cash until the bank finalises their investigation but he hasn’t done that either. I have all the evidence (emails, iMessages, texts and WhatsApp messages) promising he will give it me back. But now he is saying he didn’t tell me when he would give it me back. The messages have been ongoing for some months now where he has promised he will pay it back. He never tells the truth
If I take him to court do you think I will win?
Sara (Debt Camel) says
I suggest you talk to your local Citizens Advice about this. Or a Law Centre if there is one near you. They will help you to write a formal letter Before Action – this may lead to a better result.
Nimesh says
I have lent someone £2000 back in 2010. I know that it is a long time ago, but he kept promising to pay it back. I have the Bank Transactions as proof and Text Messages and WhatsApp Messages to say that he would, but kept making excuses as well. What chance do have now of getting it back? I see him travelling back and forward to Dubai and see that he job.
Sara (Debt Camel) says
Most debts become “statute barred” if a creditor doesn’t take action to recover them within 6 years, so old debts can be tricky.
I can’t give you advice on whether this debt is now statute barred or not, it will depend on the original agreement and whether he has “acknowledged” the debt at any point, which resets the statute barred 6 year clock back to the begining.
I suggest you talk to your local Citizens Advice or a Law Centre if there is one near you.
Libbie says
Hi,
i lent my now ex boyfriend money over a period of 7 months, he has paid me back some of the money but there’s nearly £700 outstanding. we are no longer together and he is refusing to communicate with me and set up a plan to pay the rest of the money back. i have evidence of him borrowing the money such as bank statements and text messages. i also have a message of him agreeing to pay the rest of the money back on a weekly basis, with set amounts stated within the message (obviously he has not followed through with this). i am just asking for some advice on the best route for me to go down now? i have read a lot of advice online and i was thinking of taking him to small claims court, the only problem with this is that he works as a plasterer and his customers pay him in cash and he pays no income tax so has no evidence of income.
is there any advice that you could provide me on this matter?
thank you.
Sara (Debt Camel) says
Only what it is says in the article above I am afraid. Sending him a formal Letter Before Action may scare him into paying. But if you go to court and win, he may still only offer £5 a month…
Cocco says
Hi there,
I gave around £500 via bank transfers to an ex workmate of mine which he asked as he said he was in need. This happened 5 years ago.
I still have the statements and the chat with him, where it says he has to give me money and that he hasn’t yet so far.
Is it still possible to sue him and to win the case?
Thanks
Sara (Debt Camel) says
if you win the case, will he really be able to pay? the article above looks at your options.
Cocco says
Hi Sara,
Thanks for replying back.
Yes he has a job and he did same thing with other workmates too, he already returned the money to them few years ago.
I think he just doesn’t want to pay me, I even told him to do like £50 a month.
Thing is, since this happened 5 years ago, I am wondering if I am still able to sue him?
Thanks
Sara (Debt Camel) says
I suggest you read the article above and talk to your local Citizens Advice about writing him a Letter Before Action.
Aizaz says
Hi,
I gave my friend loan of 1480£ and he said he will give me back after a month and now he is not answering my calls and messages. Will debt collector company will work give me advice please.i have his work address
I have a proof of transfer on my account and i wrote in the reference as LOAN.
I will really appreciate your reply
Sara (Debt Camel) says
Debt collectors do not take on collecting personal debts. Read the article above which looks at your options.
Anna Smith says
I owe my friend a LOT of money.
long story short, back in 2020 I lost my job and had huge financial commitments and difficulties. My friend offered to help me financially. (I wish I never accepted the help!)
As far as I can remember (as I changed phones) back in Dec 2020 when he first offered to help, we have 1 text saying he was going to help me out and one day I’d pay him back. We never said when or how much etc. Never wrote a formal letter or agreement, signed or anything. Just one text.
Over the 2 years he’s transferred me money. Now, I’ve just got my job back in 2022 and earning a wage again. we’ve hardly spoken and grown distant. But I want to pay him back.
I suddenly received an abrupt text from him saying how much he’s given me (via bank transfer always) and stating we should agree to paying him back. But now has blocked me. I cannot get hold of him to agree how and when too.
am worried that he’s now going to take action somehow.
So find it bizarre and worried he’s up to something legally?? where do I stand? what do I do?
Thank you
Sara (Debt Camel) says
Do you not know where he lives? Do you have any friends in common that could pass on a message?
Imran says
Hi my name is imran my friend take from me money for help about £1800 and he is refusing me giving me back he blocked me over phone when I go home trying arguing with and using abuse language I don’t know what should I do I have his text message and address.
Sara (Debt Camel) says
The article above looks at your options. If you are unsure what to do, talk to your local Citizens Advice.
Mary says
I paid my friend £150 by bank transfer for 2 tickets which he wouldn’t give me, they have gone up in value. He said he would pay me back the £150 but hasn’t done so. What can I do ?
Sara (Debt Camel) says
I am sorry but it may be difficult to do anything about this. read the article above and talk to your local Citizens Advice if you would like help with this.
Indy says
I borrowed money to someone based on a loan agreement. The agreement came to an end on 6th April and I have still not received the money promised. The amount owed is £19,500. Any advice on best way to go about getting the money back?
Sara (Debt Camel) says
Have you asked them why they haven’t paid?
Ismaheel says
A friend owes me money which I told him to help me get a watch in the UK which he didn’t and obviously spent the money but after sometime when I move to the Uk he decided to be paying b the money to me back in the same currency which I use to send the money to him but at some point he stopped…I need help on how I could go about this in the Uk because now the debt wasn’t owe in the UK but we both live in the UK now
Sara (Debt Camel) says
Do you have any evidence in writing about this debt? How much is still owed?
Svetlana says
An ex owe me £1,500. It’s 5th months now that I did not get any money from him. I have proofs in the bank statements and in texts..
He promised me to pay but never did. And now he is ignoring my texts and calls which I realised he probably won’t pay me back, so Can I sue him for that??
First time ever in my life I felt so humiliated
Sara (Debt Camel) says
The article above sets out what you need to think about. Your local Citizens Advice are good places to help.
Tejpal Oberoi says
My simple advice – go to small claims court. I did and was successful
Good luck
Svetlana says
Thank you ,will do
Lena says
Hi
I loan money to my friend who promise me to pay back in max two weeks.Its two months now,he paid me back 1000(I lent him 1733)and now he said he has not money.My only proof is the bank statement and his txt.He is on benefits but also has a not legal job-cash-hand.
He doesn’t answer my phone call,if I txt him to ask when he will paid back he threatening me,asking if I like my life or he will burn my car,last time when I went to him ask about money he throw bottle of beer towards my car.
I am scary of him,also I want him paid back my money.What I should to do?
Sara (Debt Camel) says
If you feel threatened, you can contact the police. But that won’t help you get the money back.
Read the article above and talk to your local Citizens Advice – also never lend friends a lot of money in the future.
Anon says
Hi
When I was in hospital, June 2021, a fellow patient in my ward had a child staying with her sisters. She used to get several calls during the day from them asking her for money for food for her child, which she used to transfer to them. She was always upset after the calls as she was in pain. Long story short. We exchanged numbers before I left hospital and said we would keep in touch. Now a few days later, while I’m in recovery at home, I receive a message from her asking if I could lend her some money, said she would pay it back on the 1st of the month, she sounded desperate, so I sent her some money. Then a couple days after that she asked for more and that she would definitely pay me back on the 1st, so again I did. Total given was £60. Then a week later she tried to ask for some more, I refused as it was my daughter’s birthday coming up, she accepted that, then the next day asked again, I refused again. 1st came, nothing, I left it for a few days and asked her, she told me some cock and bull story about her bank having issues and not processed hers or any other person with that banks payments. She said they would have it sorted in a week. So this went on for weeks of me asking and getting the same response and that she has gone to the financial ombudsman. It’s now over a year and she has now blocked me. There is probably nothing I can do, but if there is, please advise . Thank you
Sara (Debt Camel) says
This may be hard to get back even if you went to a solicitor. For £60 there is probably no point in even thinking about it.
Belinda says
I have lent someone a huge amount of money and have been promised so many times but nothing has materialised I also have proof of bank transactions of the money also accounts details that were used
Sara (Debt Camel) says
The article above looks at your options.
Tejpal Oberoi says
I would go to Small Claims Court…it worked in my case and hope it does for you as well…good luck
Sara (Debt Camel) says
unfortunately a lot of CCJs are simply ignored so this may not work, then you have lost the court fees.
Melanie says
The past few years I have borrowed money to my son and his wife. Approximately £6000,00. All monies have been through bank transfer. They have been making excuses for years, not paying me back what they owe me. They both have nice cars one being a B.M.W. With. Personalised number plate. All the latest gizmos. etc etc.
yet my sons wife can’t speak to me.
I live in Scotland and they live in England.
I desperately need this money back as I’m disabled.
Sara (Debt Camel) says
I am very sorry to hear this. The article above looks at your options – you could talk to your local Citizens Advice about them.
Crystal says
A year ago my sister (2wk from 18) got into a fight with me (22f) that cost me $5k. She came downstairs and picked a fight out of the blue. I never raised my voice at her and made several attempts to deescalate the situation. Everytime I disproved an accusation she made she moved onto the next one. She then accused me of abandoning my very young child and running off with my bf to which I had it. I walked up to her, asked her if she’d like to repeat that and she got physical.
My mother demanded I pay half. I paid 5k and told my mother with my sister present I will only pay if my sister pays me back. I now live out of state. I’ve asked my mother over text when I’m getting my money and she wouldn’t respond.
I get her on video call and ask her about it. She started saying I shouldn’t be asking my sister to pay anything since I did more damage and that my sister ‘technically ‘ owes me half of $5k. I told her if she can show me proof I agreed to it then I will retract my statement.
Would I be able to sue and get my money back?
What do you recommend as a course of action?
I don’t want to wait too long and I know they will continue to ignore me.
Sara (Debt Camel) says
I am sorry but you are in America and this website only covers England, United Kingdom. I can’t make any useful suggestions.
Belinda says
I have lent someone akot of money on the understanding they were gonna pay me back as they had made promises and said they were a person of their words all transactions were made via bank transfers and I have a record of all conversations stating them promising to send money with certain amounts but they never transpired but cannot afford to pay legal fees as I’m now left struggling for money every month now and its left me in a bit of financial difficulties
Sara (Debt Camel) says
Read the article above which looks through your options, which depend partly on what they can afford to repay.
Pam says
Hi i have been paying back my brother in law who lent me money .we had loan agreement with terms and conditions.i kept my promise loan agreement was for 10 years i paid him the first 5 years without fail.now i got wassap msg saying his circumstances changed and he wants the rest of loan up front now.im upset cant afford to do that .can he the lender do that to me the borrower.nothing written in the loan he can.
Sara (Debt Camel) says
Were these loan terms in writing?
Could you repay him a bit faster – he did you a favour by lending you the money so it would be nice if you could help him now?
Amina says
I have this “friend” who works for a company called [xxxxxxx], long story short, he schemed 800,000 from the company and the CEO is telling us and other investors to go to them directly and get our money back, am I still able to take them to court and get my full investment back because we do have physical evidence with them claiming they do have the money.
Sara (Debt Camel) says
Investing in a company is not the same as being owed that money back. You would need to talk to a solicitor about whether there is any action you can take against this individual or the company.
Louise says
Over a year ago my friend insisted on giving me a personal loan instead of getting one with high interest rates and as she was a friend I accepted and we done a contract, payments started on august 2021, she’d requested a few early payments to which I done and I’ve been late a couple of times which we both spoke about, she’s harassed me to a degree I’ve had to block her several months ago but I’ve still made payment either a few days early or on time, I’ve literally been put in to financial ruin over the past 6 months and am now two days late with a payment and she’s saying she’s taking me to court, I’m not refusing payment I just haven’t got the latest payment right now, she messages my husband at all hours now hassling him because my mental health isn’t stable with the debt that I am in to deal with her constantly threatening me with court when she doesn’t get her own way, she’s now said that she’s taking me to court and il have a letter by next week. Where do i stand if she takes me to court as stated I’m not refusing payment I just haven’t got a single penny to pay to give at the moment
Sara (Debt Camel) says
if you get a claim form from the court, talk to National Debtline on 0808 808 4000 about what you should do.
Cally says
I owe my friend £620 which I’m paying back. I give her £20 a week not a lot but I have evidence of me paying it back and she’s rang the police sending me threatening letters through the post and screaming at me in the streets , this was our agreement but she wanted in back in full which I explained before I lent it I couldn’t only in parts, what can I do or any advice would be helpful thank you.
Sara (Debt Camel) says
You should go to the police if you feel threatened.
Did you have it in writing that you would only be able to repay it slowly?
Cally says
No there was no agreement, police have had to speak to her due to her harassment and I’m still continuing to pay her every week , she also has sent this into county court as a petty response for me sending police to her house. I’ve filled out all evidence and sending it to court next week. I don’t know what else to do I’m so confused as I’m paying it back and still been taken to court.
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 about reponding to the court claim.
Matt says
I took out a loan in my name to help a ‘friend’ totalling with the interest about £13k. In addition to this he also owed me a few grand on top. They paid the instalments for about 6 months and then stopped as their life went down the toilet due to drugs, lost their job and no money etc. didn’t have a proper place to stay etc. I have lots of emails and messages to prove they owe me money and I bank transferred the money to them as soon as the loan money came to my account. What can I do here, as I would be happy to have a debt collector take the loan and take a comission. At the time of writing the loan payment is around £8k with interest. So £372 is coming out of my account every month. On top of this he owes me £5k including the missed payments from the last 6 months and other money he owed. All proof is on bank transfer none of it was cash. I really hope there’s something I can do, however he has no money and not really a proper address I think he lives in a hostel
Sara (Debt Camel) says
If he has no money then nothing you can do will get any money from him – where do you think this money could come from?
Also debt collectors will not take on collecting this sort of personal debt.
Michael says
Lent colleague £1,100 by bank transfer Dec-15. Verbal agreement to repay witnessed. A year later I emailed 17 areas I was advising them on and this included the debt to me plus further money I loaned them for things like flight tickets (I wrote all this extra help off in the end). Feb-17 a priest tried to get money back and they agreed they would repay a few pounds a week. I kept helping them over the years in hope of repayments. Sep-22 I asked when it could be repaid in small instalments on text as I had money issues and for the first time I got the comment it was a gift not a loan, you have more money, I will never repay. I politely said I needed to approach small claims court and they blocked me. So I sent a letter before action by email. 2 weeks later police contacted me saying I was accused of harassment and if I persisted I would be arrested. They said I was not allowed to contact this person ever again or instruct any 3rd party (lawyer, debt recovery, small claims etc) to ever contact this person either. Citizens advice helped me… [edited]
I approached a legal expert but they didn’t want to know. I could ask citizens advice again. I am frightened the police arrest me for posting this. Please can anyone help me ?
Sara (Debt Camel) says
Going back to Citizens Advice who already know a lot of this is best.
Paul Chapman says
If someone or a couple owes me or me and my partner £1000, who has to make the claim and who to ? Is it say me claim against him or is it me and my partner claim against him and his partner ? Thank you
Sara (Debt Camel) says
I think you need to talk through the details of this with an adviser. Contact your local Citizens Advice.
dave says
hi, I borrowed a friend 2800pound to pay for there disability car payment. I paid this out of my bank account , so have prove it was paid by myself . My so called friend set up a standing order but after two months this then stopped. I have no writen contact of me borrowing her the money but I do have phone messages aswell as the bank prove of the payment. what advice do you give me to go forward in getting my money back, thank you
Sara (Debt Camel) says
Read the article above which looks at your options and talk to your local Citizens Advice if you want help.
John says
Took out a 17.5k loan to an ex of mine, I insisted on giving her the loan, she said no, but thought she was struggling so I did it for her. She said she would pay me back as she was waiting to get a lump pay from her business. Now, she has made sporadic payments here and there, but now broke up. Because its a personal loan from a bank, I know I am liable for it and she is not legally obliged to pay for it. Can I do a CCJ on her? Looking at the financial law, if I have taken the loan out I am responsible for it she is not. Whats my options?
Sara (Debt Camel) says
Is the loan affordable for you if she doesn’t pay you anything?
John says
Yes its affordable, however, my question is, due to it being a personal loan, she is legally not obliged to pay it, also she said because I lied on the application the loan was for a car, that is classed as fraudulent and I could be in serious trouble. Is that true?
What is my legal options? Can I enforce a CCJ for personal debt?
Sara (Debt Camel) says
The article above looks at what your options are. Unless you think she has the money to pay you, you may get a CCJ – which would cost you 5% of the amount you are claiming – and may still not get paid anything.
the loan company won’t care what you said the loan was for if you make all the payments on time.
John says
She works now makes good money, but again she won’t be in a position to pay all of it. Thanks will keep in mind about the reason of loan. Just thinking legally on the unsecured debt. Worst thing I said if she can’t pay it, I will.
Via says
Hi,
I lent my friend money and now he has disappeared. I am suing him but din’t have his address. Would the school we went together provide me with his address and contact details so I can sue him
Sara (Debt Camel) says
I don’t think so – that is likely to be a breach of data protection.
Roopal says
Hi, can you confirm whether a personal debt between two family members can still be subject to time limitations?
Is it true if the debt is not regulated then time limitation or statute barred cannot apply?
Sara (Debt Camel) says
the Limitations Act applies to many debts that are “not regulated”.