Lending money to a friend.

[citizenB]

Righto, I understand now

[Consumer dude]

This is a huge learning curve for me..

[caro]

Could you put between xx date and xx date in the poc? You need some detail I think.

[Consumer dude]

Could you put between xx date and xx date in the poc? You need some detail I think.

 

I can't know for certain when the agreement begun, but at an estimate it was about 2006. It was an ongoing arrangement. The agreement was he would repaid me on demand. Is there likely to be a problem if exact dates are not know at this stage..

 

The end date I can confirm was when the agreement ended which is when I demanded repayment which was on the 28/Feb/2013..

 

Am I also understanding this correctly that as I intend to put in the claim on the 10th of March, and to which is not the same as the POC, then the finer details (including any dates) regarding any POC can wait until I'm required to do so..

[steampowered]

Why do your POC separately? If it fits on the online form easier to put it there rather than mucking around with serving the POC and a certificate of service separately later. Finer details can be in your witness statement.

[Consumer dude]

Why do your POC separately? If it fits on the online form easier to put it there rather than mucking around with serving the POC and a certificate of service separately later. Finer details can be in your witness statement.

 

Not everything fits in on the form anyway. Rather then confuse my self any further, I will send the form off with the money more or less with the wording as it is, on the 10th of March, and start preparing evidence in the meantime how I came to the amount. No doubt there will be more twists and turns and if I think too much more now, I will end up in the loony bin. lol..

 

This should be the final wording of particulars of claim and reads as follows. That the Defendant borrowed from the claimant monies which were made electronically online to his current account(s) and by paying cash via way of paying in book and other payments made which included payments made to his gas and electric account. The Defendant agreed to repay the amounts paid on demand. This was done by an verbal /oral contract. The claimant has since the invoice/statement date of the 28/February/2013 which followed the demand has made futher attempts to avoid this claim. The claimant claims the amount of £5600.00 and daily intrest from the 4th of April/2013 and up to the date of judgement. The claimant claims intrest under section 69 of the county courts act 1984 at the rate of 8% a year from 04/April/2013 to 10/March/2014 on £5600.00 and also intrest at the same rate up to the date of judgement at a daily rate of £1.23..

 

Does this all look right..

[steampowered]

I would replace 'The claimant has since the invoice/statement date of the 28/February/2013 which followed the demand has made futher attempts to avoid this claim' with 'The Claimant issued a demand for repayment on 28 February 2013 upon which the amount became immediately due and repayable'.

 

In the last sentence you need to specify the amount of interest (instead of where you repeat the 5600 figure).

 

Otherwise good to go.

[Consumer dude]

The daily rate of interest is in its own box, so I wouldn't have thought that I need to word it as well, but what is the procedure..

[AndyOrch]

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £ …(put in the amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £… (put in daily rate of interest)'.

 

Better get a move on with this CD or it will be statute barred before you issue the claim:madgrin:

[Consumer dude]

Further reviewed....

The Defendant borrowed from the claimant monies which were made electronically online and by cash via way of paying in book and other payments made which included payments made to his gas and electric account. The Defendant agreed to repay the amounts on demand. This was done by a verbal/ oral contract. The claimant issued demand for payment on 28/February/2013, upon which the amount became immediately due and repayable. The claimant claims the amount of £5600.00 and the claimant also claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 4/April/2013 to the 14/March/2014 on £5600.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.23..

 

Further reviewed....

The Defendant borrowed from the claimant monies which were made electronically online and by cash via way of paying in book and other payments made which included payments made to his gas and electric account. The Defendant agreed to repay the amounts on demand. This was done by a verbal/ oral contract. The claimant issued demand for payment on 28/February/2013, upon which the amount became immediately due and repayable. The claimant claims the amount of £5600.00 and the claimant also claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 4/April/2013 to the 14/March/2014 on £5600.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.23..

 

Does this now look concluded to send ?

[caro]

Looks good to me. Go for it!!

[Consumer dude]

Looks good to me. Go for it!!

 

Thank you. Will send this Friday unless I have more anxiety about it..

[caro]

What's wrong with now?

[Consumer dude]

what's wrong with now?

 

 

 

ocd..

[steampowered]

Its fine. Better to just get on with it.

[Consumer dude]

I have sent the claim..

[Conniff]

At last, well done.

[sequenci]

I have sent the claim..

 

*faints*

[Consumer dude]

Its in the system now, so who makes the next move..

[mjt2013]

The Defendant will get a copy of the defence and then decide whether, and how, to proceed. You could have a look at threads here where people have received claims if you want to understand the process from the Defendant's perspective.

[caro]

The defendant will have 5 days for it to be served, 14 days to acknowledge on line and if he does that, another 14 days to submit his defence. So 14th April is when he needs to get his defence in.

 

I suggest you use that time to make a schedule of what was lent and when, with as much evidence as possible, including your bank statements, as it's down to you to prove that he had that amount.

[Consumer dude]

Would the claim have been sent to him by the court the same day..

[caro]

Possibly not but he should have it within 5 days so Monday at the latest.

[Consumer dude]

Possibly not but he should have it within 5 days so Monday at the latest.

 

Will I receive a copy in the post..

[Consumer dude]

Update.. Its been one week today i sent off the claim. On MCOL it states the claim was issued on the 14th/March 2014. Is this the date it was issued, and its 5 days from then that its deemed as recieved. Many thanks..

 

Am i right in thinking that i dont need to do anything further at this stage untill he responds to the claim, even if he indeed does. I however in the meantime will be collecting together further evidence which i have to support the claim..