Lending money to a friend.

[Consumer dude]

I wanted to get the claim form in now and work on how things were worked out when I got the hearing but what's the legal best. I'm trying to lessen the stress that's all..

[caro]

You need to be absolutely sure about the amount when you put in the claim. Apart from the signed document do you have anything else? You mentioned it was totted it up as you went along. Do you have whatever you used to tot it up?

 

You also mention that they gave you there credit card so you could get some back. Did you actually get anything from that?

[Consumer dude]

As we went along we agreed mostly verbally and then a final confirmation confirmed by his and my signature. I have paying in book with stamped amounts I paid into his account as the amounts I was lending him. I still have the credit cards in my possession which were stopped by his wife when she found out. I also have other receipts/ invoices in my possession to show what I have paid for, in what I can only describe as a running account. He gave me full access to his internet account as that was the level of trust we had. In a way I feel foolish, I feel I have enough evidence to support the amount that we both signed to confirm what he owned me. At the end of the day, it will be up to the court to decide but I know and he knows as well that he owes me the money and I bet he is hoping that I haven't kept any records. I will chase him for it anyway..

 

If I am confident that I can supply evidence at the hearing stage, would there be any harm at this stage in filling in the details online as what I have stated in the IBA ? Receiving a claim in the post may be enough to focus his mind into action and agreed a payment plan with me..

 

Perhaps an outline in the online form of how things had developed leaving any finer details to a disclosure stage ? Does this sound exceptable ?

[caro]

Perhaps an outline in the online form of how things had developed leaving any finer details to a disclosure stage ? Does this sound exceptable ?

 

I think you can leave it as per LBA and leave how it developed until later. I suggest you post up your draft POC on the thread for the legal bods to look at before putting it on MCOL. As you say, it may well focus his mind.

[Consumer dude]

What is the exact wording of section 11 (4) of the practice direction and would I be able to make use of it as no reply to IBA..

 

Am on MCOL now. Is anyone around to advise what interest I am able to claim..

[caro]

You can claim section 69 interest which is 8%, but it''s up to the judge to decide whether to award it. You could claim it from the date of each transaction, in which case you'll need to spend time working it out, or it would be easier to just decide a date when it was all owed, or do it from the date of your claim. I can't do a link at the mo, but if you look in the CAG library you should find an interest tutorial on how to calculate it, If you only have one figure to put in it won't take long.

Edited January 30, 2014 by caro

[Consumer dude]

I don't need to be greedy regarding any interest but it would be good to be paid for my time and the stress of having to deal with a **** bag. Thank you Caro for your help..

[caro]

8% is what you're entitled to, or as you say, it may focus his attention to deal with it.

 

Did you see I edited my post above about the info in the cag library?

[Consumer dude]

Yeh, at this stage I just need him to receive a claim in the post. If I need to work on this then he has too as well. He could however just phone me up and come to an agreement in writing and we could all shown mutual respect. This is unlikely of course so I continue with the claim..

[caro]

Here's your link. http://www.consumeractiongroup.co.uk/forum/content.php?757-Interest-Tutorial-and-Spreadsheets You could write to him again and give him another 7 days and add that you really don't want to take him to court, but if you are forced to you will also be claiming court fees and interest (if you didn't put that in your original letter).

[Consumer dude]

I've spent about one year being nice, friendly understanding and even diplomatic. He is just trying to weasel out of this debt of honour and I will now make a claim..

 

Here's your link. http://www.consumeractiongroup.co.uk/forum/content.php?757-Interest-Tutorial-and-Spreadsheets You could write to him again and give him another 7 days and add that you really don't want to take him to court, but if you are forced to you will also be claiming court fees and interest (if you didn't put that in your original letter).

 

Thanks for the link, however it states I am unable to view the page as I do not have permission..

[caro]

Thanks for the link, however it states I am unable to view the page as I do not have permission..

 

Don't know why. I'll try and get it sorted.

 

Sorry about that. Try this one. http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[Consumer dude]

Me CD, not having permission. What have I done to deserve this. lol..

[caro]

I think those links have been replaced try the following..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011(2-Viewing)-nbsp

 

Me CD, not having permission. What have I done to deserve this. lol..

 

My fault. It was out of date.

[Consumer dude]

Sorry about that. Try this one. http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

That's looks better. I've been welcomed back into the fold. lol..

 

My fault. It was out of date.

 

What one of those should I use. I am starting to lose functioning. When I went on to MCOL yesterday, I could see how I could copy the content of the IBA letter, and the information said that within 14 days I would need to provide any other supporting documents. Is this time limit cast in stone as I am having increased problems with anxiety issues. I don't want to pay the money for the claim and then find that the case is out of time to proceed or some other legal strangeness. Any ideas ?

 

A summary that I have worked on to present at this stage reads as follows..That I xxxx supported xxxx in a financial way over a period of a few years (approx four to six years) by transactions made electronically on line to his current account(s) and by paying cash via way of paying in book and other payments made to his gas and electric account. The amount at the end of 2012 that was agreed that xxxx owned me was ABCD was signified by both of our signatures and to which I have the original.

 

If I have his original credit cards, plus pay point cards in his name, and his and my signatures to confirm he owes me a final amount, then how strong is my case..

[Consumer dude]

Update, as I continue collecting evidence, paper electronic (and or other.) Before I had sent off the LBA, friend had requested I produced evidence how amount was arrived at, however I was unable to do at that stage so I sent the LBA ahead of that anyway. Does that make any difference as to the fact he has not responded to the LBA anyway and is/was there any obligation for him to do so. Many thanks..

[steampowered]

Under the Civil Procedure Rules he should respond to the LBA but is not technically required to do so. If the time mentioned in the LBA is up you can go ahead and issue a claim on MCOL.

 

Regarding how strong the claim is, you are just going to have to accept that you might be succesful for the full amount you are asking for, you might be succesful for only some of the amount or you might be unsuccessful. Once you have clearly put across your case it is in the judge's control and not something to get anxious about.

 

The chances of success will really depend on how he defends the claim. If he doesn't defend it there is a 100% chance of success since you'll get default judgment. If he tries to claim that he never agreed to pay back the money then you'd both have to put your case to the judge at a hearing who will decide.

 

If you are getting anxious about what to put on MCOL, I suggest you post up a draft of your Particulars of Claim and I'll take a look.

 

You are mistaken about the 14 days to provide supporting evidence. The 14 days is required if you are serving your Particulars of Claim separately from the claim form. POC is not the same as supporting evidence. Rather than mucking about with a separate claim form and POC I suggest you just put a brief Particulars of Claim in the space allowed on MCOL and provide the supporting evidence later. Both sides are normally required to exchange all documents relevant to the case a certain number of days before the hearing.

[Consumer dude]

Is not the particular's of claim what one puts on the claim form. Are they not the same thing. What am I not understanding..

[steampowered]

The 14 days thing is if you want to serve your Particulars of Claim separately to the claim form. This is required if your POC won't fit in the space given on MCOL. Otherwise your POC can be part of the claim form.

 

There is no need to serve all your supporting evidence within 14 days. This is the bit you must have misunderstood.

[Consumer dude]

Under the Civil Procedure Rules he should respond to the LBA but is not technically required to do so. If the time mentioned in the LBA is up you can go ahead and issue a claim on MCOL.

 

Regarding how strong the claim is, you are just going to have to accept that you might be succesful for the full amount you are asking for, you might be succesful for only some of the amount or you might be unsuccessful. Once you have clearly put across your case it is in the judge's control and not something to get anxious about.

 

The chances of success will really depend on how he defends the claim. If he doesn't defend it there is a 100% chance of success since you'll get default judgment. If he tries to claim that he never agreed to pay back the money then you'd both have to put your case to the judge at a hearing who will decide.

 

If you are getting anxious about what to put on MCOL, I suggest you post up a draft of your Particulars of Claim and I'll take a look.

 

You are mistaken about the 14 days to provide supporting evidence. The 14 days is required if you are serving your Particulars of Claim separately from the claim form. POC is not the same as supporting evidence. Rather than mucking about with a separate claim form and POC I suggest you just put a brief Particulars of Claim in the space allowed on MCOL and provide the supporting evidence later. Both sides are normally required to exchange all documents relevant to the case a certain number of days before the hearing.

 

Hiya, how does the following sound to present on MCOL..That I XXXX supported in a financial way over a period of a few years (aprrox four to six years) by transactions made electronically online to his account(s) and by paying cash via way of paying in book and other payments and included payments made to his gas and electic account. The amount at the end of 2012 that was agreed that xxxx owed me was 5600.00 five thousand six hundred pounds and was signified as correct by both of our signatures and to which i have the original..

[steampowered]

You need to prove to the court that this person is legally required to pay back the money. Your current wording is not too bad but, reading between the lines, it does sound a bit like you are asking the court to make a moral judgment rather than a decision about legal obligations.

 

I think you need to bring out the fact that this was a loan and that there was a legally binding contract. I would go with something more like "From xxxx to xxxx the Defendant borrowed money from the Claimant. [insert a sentence about what was agreed at the time - was this an oral contract? What did the Defendant say he would do?]. On xxxx the Claimant issued a demand for repayment of the loan. In breach of contract the Defendant has not made any repayments. The amount outstanding is xxxxx. The Claimant claims (1) xxxxx, (2) xxxxx in interest at the statutory rate of 8% and (3) costs."

 

I don't think you need to go into details like how the money was disbursed and how you will prove the exact amount at this stage. These details can go into your witness statement which comes later.

[Consumer dude]

You need to prove to the court that this person is legally required to pay back the money. Your current wording is not too bad but, reading between the lines, it does sound a bit like you are asking the court to make a moral judgment rather than a decision about legal obligations.

 

I think you need to bring out the fact that this was a loan and that there was a legally binding contract. I would go with something more like "From xxxx to xxxx the Defendant borrowed money from the Claimant. [insert a sentence about what was agreed at the time - was this an oral contract? What did the Defendant say he would do?]. On xxxx the Claimant issued a demand for repayment of the loan. In breach of contract the Defendant has not made any repayments. The amount outstanding is xxxxx. The Claimant claims (1) xxxxx, (2) xxxxx in interest at the statutory rate of 8% and (3) costs."

 

I don't think you need to go into details like how the money was disbursed and how you will prove the exact amount at this stage. These details can go into your witness statement which comes later.

 

Thank you, I will work on the wording, He verbally agreed to pay me back at a later stage when i needed it, that time is now, Is this what is meant by an oral contract ?

 

On the issue of intrest, would/should i claim under the county court act and would/should i claim from the date i issue the claim. Many thanks..

[steampowered]

Thank you, I will work on the wording, He verbally agreed to pay me back at a later stage when i needed it, that time is now, Is this what is meant by an oral contract ?

Yes. You need to say what he agreed to, and how he has breached the agreement.

 

On the issue of intrest, would/should i claim under the county court act and would/should i claim from the date i issue the claim. Many thanks..

Interest at the rate of 8% pursuant to s69 of the County Courts Act 1984. You must state the amount.

 

Calculated from the date on which the money was due to repayable. This would be the date on which you asked for repayment.

[Consumer dude]

it was agreed that he would pay me back, but no actual date was confirmed, but I have since requested that he pays me even if in instalments.

 

Is the date due to be payable after the date I requested such and to which he has defaulted on that request..

[steampowered]

Yes, the date on which you requested repayment. The general rule is that if no date is specified for repayment of a loan, it is repayable on demand. Just calculate the 8% from that date I wouldn't complicate it by introducing the idea of installments.