Fad
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Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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right heres the story, i leant sumone a bit of money last year and i got evidence of it like bank statements where the payments went etc. Well its a year now and this person has not made no effort to pay it back and its hard trying to chase them up when u cant get hold of them. The thing is I really need the money now as its a matter of mayb sellin my car if i dont get it 
where do u reckon i stand on this?
fad
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Kayleigh
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Registered: 6th Jun 02
Location: England
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is it a friend/relative or what?
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Karnage Corsa
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Registered: 4th Nov 02
Location: Norton, Stockton-on-Tees
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not that I have any idea about legal issues but surely you would have to prove that he aint given you the cash in cash if you know what I mean unless it was written in proof that he had to pay you back using bank transactions only.
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Fad
Member
Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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Kayleigh :erm ex g/f
well u see all the transaction were done by switch to insurance companies and vaux dealers, so thats wher i cna prove the usage of money..just how to get it back which is troubling me
[Edited on 13-06-2003 by fadscorsa]
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Marc
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Registered: 11th Aug 02
Location: York
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thing is tho is it gonna cum down to ur word against theirs?
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Ryan L
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Registered: 4th Mar 03
Location: Essex
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depends mate as your not a registered lender i.e. bank or loan company it could be difficult but legally you are owed the money if it is a written contract and you have witnesses to verify a transfer was made as part of a loan and there is an agreed payment period, then the other person has a liability to pay the loan back other wise she is guilty of theft and an evasion of a liability. sorry its a bit messed up if u need any more help ask
[Edited on 13-06-2003 by Ryan L]
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antonOO2
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Registered: 17th Sep 02
Location: Midlands
User status: Offline
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yeh but she can just say you offered to pay for her ,you have not got a contract ,therefore there is no case against her
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Drew
Banned
Registered: 24th Nov 01
Location: County Durham
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u told me about this ages ago mate - it is who im thinking aint it?
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Ryan L
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Registered: 4th Mar 03
Location: Essex
User status: Offline
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not as simple as that anton, u may have a case but its a lotta work
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Chris@Speedfreex
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Registered: 24th Mar 02
Location: west mids, corsa C20LET
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ud proberly spend loads more in solictor fees, court fees etc etc
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antonOO2
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Registered: 17th Sep 02
Location: Midlands
User status: Offline
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no without written confirmation there is no case ,i am sure of this .if she hasnt signed a contracthe cannot do a thing about it
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Fad
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Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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thats what i was thinkin
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Ryan L
Member
Registered: 4th Mar 03
Location: Essex
User status: Offline
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how much was it for mate
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Fad
Member
Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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erm it aint a lot but it will make a diff, so far about £500 outstanding
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Marc
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Registered: 11th Aug 02
Location: York
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i was just about to ask that meself!!
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antonOO2
Member
Registered: 17th Sep 02
Location: Midlands
User status: Offline
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if he has got a case then that is like sayin the birthday present you bough ther you could claim back too if you paid by switch
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Super_si
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Registered: 4th Mar 01
Location: lurkin' somewhere........................
User status: Offline
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£500 
Cant the bank chase it up?
Si
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Ryan L
Member
Registered: 4th Mar 03
Location: Essex
User status: Offline
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don't need a written contract necessarily, if she stated she would pay you back and you consented to the loan legally she owes u the money, although proving it is difficult for the obvious reasons
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antonOO2
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Registered: 17th Sep 02
Location: Midlands
User status: Offline
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exactly ,yeh but who did she state that too
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antonOO2
Member
Registered: 17th Sep 02
Location: Midlands
User status: Offline
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personally from my studying of accounts i am sure that there is no case here,unless someone has witnessed her agreeing to this
[Edited on 13-06-2003 by antonOO2]
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Fad
Member
Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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quote:
Originally posted by Super_si
£500
Cant the bank chase it up?
Si
well i offerd to LEND her the amount not GIVE
the bank can chase it up but all they can do is provide statement of proof fo transactions. I just want it back cos i am a poor student
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beav
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Registered: 20th Aug 01
Location: Home-Ayrshire (Troon), Uni-St Andrews
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I havent read the whole thread but I know the defiite answer to this as it happened to my mum, lending money to a friend and never getting it back!
In the end the freind said that she wasnt going to give the money back (some friend eh?) and my mum got her soliciter to write a note to the perosn demanding the money back with a date as to where it had to be done by, they paid up with a day to spare but failing this payment then the person is taken to court and as long as it is no more than 3 years since the money was given then it can be got back...and they get the shittiest credit rating that yuo could possibly imagine if they are persistant offenders!
Hope this helps, and good luck!
[Edited on 13-06-2003 by beav]
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Ryan L
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Registered: 4th Mar 03
Location: Essex
User status: Offline
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pop into a soliciter who's qualified see if they believe you've got a case, i think you have... evasion of a liability under s2(1)(a) of the Theft Act 1978 remission of a debt
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Fad
Member
Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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quote:
Originally posted by beav
I havent read the whole thread but I know the defiite answer to this as it happened to my mum, lending money to a friend and never getting it back!
In the end the freind said that she wasnt going to give the money back (some friend eh?) and my mum got her soliciter to write a note to the perosn demanding the money back with a date as to where it had to be done by, they paid up with a day to spare but failing this payment then the person is taken to court and as long as it is no more than 3 years since the money was given then it can be got back...
Hope this helps, and good luck!
cheers fella anyone know a cheap solicitor 
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Fad
Member
Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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cheersboys and gals ur help is much appreciated
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