P2P Loan - Legal advice needed

[Leo124]

Hello, I am new to the forum and haven’t posted before so apologies if this is in the wrong place.

 

I owe £3.5K to someone who lives in Spain.

As my payments back to her have not been consistent over lockdown she now wants to follow a legal course of action to get it back, which I know she’s entitled to do.

I’ve never denied owing the money, and have been paying back what I can afford over the past few years but my health has deteriorated unfortunately and I’m not not able to work full time. I have no assets and no savings , and I’m petrified she will summon me to Spain...

She is also claiming that she’s going to sue me for Libel and slander, which I have absolutely no idea what she’s talking about.

The debt is in the UK as she transferred me some money around 3 years ago.

What can I expect to happen? 

[AndyOrch]

Hi and Welcome to the forum.

 

I would write her a letter and explain your current circumstances and that you are trying your best.....keep a paper trail  so you can prove you are not trying to avoid payments should it be required.

 

Whether she would actually issue a claim is unknown....but i she did it wont be for Libel and slander...unless she has very deep pockets.

Any litigation must be preceded by the Pre Action Protocol process.

 

Andy

[ericsbrother]

Libel and slander are damned difficult to prove, not because of what is said or written but because the claimant has to show they have suffered materially as a result, ie lost thier job, failed to win a new TV contract etc.

In Spain it is a criminal matter, not a civil one so you cnat be sued for that in thier courts and in the UK it is a High Court matter so deep pockets needed to start a fight.

with regard to the debt, you  admit the debt and will be best served by putting your cards on the table as far as income and expenditure go as she can only gte what you can pay s best served by agreeing something rather than suing you as a firt resort. For your side though, you need to make some sort of arrangement, even if it is a small amount each month

[Leo124]

Hello both..

 

Thank you so much for your replies I appreciate it very much.

 

I haven’t received anything formally as of yet but have emailed her to say I’m paying X amount back now ( after not working during lockdown).

 

Can she summon me to Spain for the debt?

If so, do you know what the legal process is.

will I get a letter first or can she just take me straight to court?

 

The debt is in the UK as she transferred the money to me a few years back when I was unemployed.

 

With regards to the Libel and Slander I have no idea what she’s taking about but understand your replies, so thank you...

[AndyOrch]

She may decide to sue you...you reside in the UK..therefore are in the jurisdiction of the UK

 

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will I get a letter first or can she just take me straight to court?

 

 

Already advised above ....look for Pre Action Protocol.

[Leo124]

Thank you so much for this, it’s greatly appreciated...