I need help to Serve a writ to recover a loan

[fletch70]

Hang on.

The payments made in 2005/6 and then no acknowledgement until Dec 2012. Doesn't this leave a clear 6 years in which case once SB forever SB.

[fletch70]

Does the person who owes the money have any assets?

If not it may be futile to make a claim.

 

Is this a relationship gone sour?

[fletch70]

The OP says the claim is over 10k. If it is not significantly over would it be possible or even wise to reduce the sum claimed to below that limit or could that be abuse of process.

[fletch70]

If the loan was interest free or at an interest rate well below a commercially available one then I believe there could well be a tax liability as a benefit in kind. Don't quote me on that just that many years ago I had an interest free loan from my employer of 2K to buy a car and had to pay some tax on the saving in interest

[fletch70]

I am not sure if this has been asked, but you say you didn't employ him but that he did work for you. Obviously if he worked for you there should be PAYE records, if he was self employed there should be his NI and tax returns.

Can he produce a payslip or contract of employment

Did he provide invoices or were these verbal agreements

 

One final thing, if we assume he did work for you at £x per week for the time he said, that gives you a total figure. Is the amount that you can prove to have paid him more or less than that

 

Assuming you are squeaky clean you may be able to discredit this evidence