lexsum Posted September 28, 2007 Share Posted September 28, 2007 as an ex-civil law person i saw this situation time and time again. the (informal) rule is never lend to friends/family without a written agreement. if you want to help a friend/family member out with money then gift it to them and if they insist on paying it back so be it but you know where you stand. in my experience this amount of money is not worth the headache & cost in money and time of trying to recover. especially if she is really broke. best thing to do is draw up a repayment scheme even if it is £5 a week but put THAT in writing this time and then if she defaults she is weaker ground to say it is a gift as you don't repay a gift! my advice is free and informal and as such not to be relied upon in any court of law! sean. Link to comment Share on other sites More sharing options...
Whitesupraboy2 Posted September 28, 2007 Share Posted September 28, 2007 Its simple give her a call with a telephone recorder on and just get her to admit that you leant her the money. Say 'It was a loan wasnt it, we both agreed? so why wont you pay it back.' say anything to get her to agree that it was a loan then you have proof, you then take her to court and you have your proof. Ermm done and tested but i didnt need to get to the court stage Link to comment Share on other sites More sharing options...
Digsy Posted September 28, 2007 Share Posted September 28, 2007 Its simple give her a call with a telephone recorder on and just get her to admit that you leant her the money. Say 'It was a loan wasnt it, we both agreed? so why wont you pay it back.' say anything to get her to agree that it was a loan then you have proof, you then take her to court and you have your proof. Ermm done and tested but i didnt need to get to the court stage I don't think you can tape a phonecall without the other person's consent. Link to comment Share on other sites More sharing options...
Whitesupraboy2 Posted September 28, 2007 Share Posted September 28, 2007 I don't think you can tape a phonecall without the other person's consent. If she agrees to pay before court then no one knows and he gets his money. If she doesnt buckle it never existed He's got to paly a little dirty. Link to comment Share on other sites More sharing options...
Jarek Posted September 28, 2007 Share Posted September 28, 2007 Burn her new car mate. Link to comment Share on other sites More sharing options...
VIL Posted September 28, 2007 Share Posted September 28, 2007 Take it to small claims...you have nothing to lose. 1. it might sh*t her right up thinking she has to lie in front of a local judge 2. the law looks at everything subjectively with supporting evidence and you have more than she does. 3. if it all goes pear shaped and you lose your case you are only in the same position you are in now! Seriously, start proceedings....she might not be discussing it with you now but once that letter hits her doormat you see how fast she is to get on the phone! Link to comment Share on other sites More sharing options...
Sean1933 Posted September 28, 2007 Share Posted September 28, 2007 Thats correct, unless it is noted at the start of the call then it cant be used as evidence. I don't think you can tape a phonecall without the other person's consent. Link to comment Share on other sites More sharing options...
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