| "legal help" for a friend 19:12 - Jun 4 with 3742 views | waynekerr55 |
To cut a long story short my mate was engaged to his then partner and due to get married in July (wedding booked etc.)
She borrowed 3k off his mum to help buy a car (a nearly new Audi A3). They broke up suddenly, she called it off. He has texts to say that she agreed to pay the money back to his mum and him with when she'll start paying.
First payment was due this week to his mum and shock horror she hasn't paid money to her account.
He hasn't yet been to Citizens Advice Bureau yet but what rights (if any) do they have in reclaiming the money? When she moved out she came into the house and took the spare key for the car. He had also paid her insurance and also gave the rest of the cash for the car.
Cheers for the help - my limited knowledge would show that as she has texted him to say she will be paying the money back he has the basis of a contract and he can show that the money was transferred for her.
I also believe that he has to do everything possible to avoid court, so this would be:
Telephone contact
Send letter by recorded delivery asking to arrange mediation
If that fails, small claims court |  |
| |  |
| "legal help" for a friend on 19:27 - Jun 4 with 2765 views | pansypants |
You need to "take her out" |  |
| |
| "legal help" for a friend on 19:28 - Jun 4 with 2767 views | Thursday |
Small claims court, and don't ask for legal advice on a football board. |  | | |
| "legal help" for a friend on 19:30 - Jun 4 with 2756 views | exiledclaseboy |
He clearly needs a solicitor. There's a couple on here that I know of. |  |
| |
| "legal help" for a friend on 19:32 - Jun 4 with 2749 views | Jackfath |
My strong advice would be to stay well clear of solicitors as they will waste your money like no other profession known to man, all the name of helping you.
I would trawl through some online forums which specialise in this sort of thing as there'll be someone who has had a similar awful situation happen to them.
I wish your friend the best of luck and hope his Mum is able to cope. |  |
| |
| (No subject) on 19:36 - Jun 4 with 2726 views | llareggub |
you got done brother..............you pay your mum back an consider 3 grand money well spent as the money an pain you feel now is nothing to what you could of been facing 3 or 4 years from now when kids an mortgage come along .............of course a solicitor will tell you different quite possibly but my advice is wipe your mouth on this one pick yourself up an go again .......... | | | |
| (No subject) on 19:40 - Jun 4 with 2689 views | Neath_Jack |
| (No subject) on 19:36 - Jun 4 by llareggub |
you got done brother..............you pay your mum back an consider 3 grand money well spent as the money an pain you feel now is nothing to what you could of been facing 3 or 4 years from now when kids an mortgage come along .............of course a solicitor will tell you different quite possibly but my advice is wipe your mouth on this one pick yourself up an go again .......... |
That's proper man type advice that fair play. |  |
| |
| (No subject) on 19:45 - Jun 4 with 2669 views | Davillin |
| (No subject) on 19:36 - Jun 4 by llareggub |
you got done brother..............you pay your mum back an consider 3 grand money well spent as the money an pain you feel now is nothing to what you could of been facing 3 or 4 years from now when kids an mortgage come along .............of course a solicitor will tell you different quite possibly but my advice is wipe your mouth on this one pick yourself up an go again .......... |
Sounds like the voice of experience, but sound advice.
£3,000 is at the border line, however, between what is worth fighting about and what is not. What would legal fees amount to?
Remember "It's the principle of the thing" is not a legal rule in any law book I know. Principle never pays -- it always costs.
Remember Ambrose Bierce's definition: "Litigation is a machine you go into as a pit and come out sausage." |  |
| |
Login to get fewer ads
| "legal help" for a friend on 19:47 - Jun 4 with 2660 views | jackforever |
I would point out to her that you have those ahem photos and videos of her in a playful mood and wouldn't dream of putting them on the internet | | | |
| "legal help" for a friend on 19:48 - Jun 4 with 2654 views | Neath_Jack |
| "legal help" for a friend on 19:47 - Jun 4 by jackforever |
I would point out to her that you have those ahem photos and videos of her in a playful mood and wouldn't dream of putting them on the internet |
And that's the alternative man type advice.
 | |
| |
| "legal help" for a friend on 19:54 - Jun 4 with 2638 views | Davillin |
| "legal help" for a friend on 19:47 - Jun 4 by jackforever |
I would point out to her that you have those ahem photos and videos of her in a playful mood and wouldn't dream of putting them on the internet |
It's still called "blackmail." | |
| |
| "legal help" for a friend on 20:13 - Jun 4 with 2608 views | controversial_jack |
Seems like fraud to me , you just need the proof. | | | |
| "legal help" for a friend on 20:18 - Jun 4 with 2601 views | waynekerr55 |
Thanks guys - he's in bits and his mum has been through the mill recently with having her knee replaced.
Some people are just morally bankrupt.
He's going to the citizens advice bureau and then he's going to take it from there. I suppose he's going to have to look around for good solicitors in NW London/Herts area | |
| |
| "legal help" for a friend on 20:19 - Jun 4 with 2594 views | AngelRangelQS |
A solicitor will probably offer you 30-60 mins free advice.
Perhaps they could write a letter (for a relatively small amount) threatening legal action which may do the trick. Depends on how ballsy she is. |  | | |
| "legal help" for a friend on 20:31 - Jun 4 with 2567 views | Pacemaker |
CAB first then small claims court, no need for a solicitor, it is a debt which will be difficult to satisfy but she has an asset the Audi so she will have to sell it to satisfy the debt,. |  |
| Life is an adventure or nothing at all. |
| |
| "legal help" for a friend on 20:37 - Jun 4 with 2556 views | AngelRangelQS |
| "legal help" for a friend on 20:31 - Jun 4 by Pacemaker |
CAB first then small claims court, no need for a solicitor, it is a debt which will be difficult to satisfy but she has an asset the Audi so she will have to sell it to satisfy the debt,. |
CAB are no substitute for proper legal advice IMO. Some are great, some are awful.
Why would you want to go down the small claims court route before trying to see if she'll agree to pay it back under a bit of pressure?
He'd have to write to her first in any event setting out what he's owed and when he wants it by, etc. | | | |
| "legal help" for a friend on 20:38 - Jun 4 with 2553 views | controversial_jack |
| "legal help" for a friend on 20:31 - Jun 4 by Pacemaker |
CAB first then small claims court, no need for a solicitor, it is a debt which will be difficult to satisfy but she has an asset the Audi so she will have to sell it to satisfy the debt,. |
I would say it's more than a debt which is a civil dispute, it's probably fraud which is a criminal offence | | | |
| "legal help" for a friend on 20:38 - Jun 4 with 2553 views | Dyfnant |
Tell her if she doesn't start paying you'll screwdriver a panel every other month until you get your monies worth |  |
| |
| "legal help" for a friend on 20:41 - Jun 4 with 2538 views | AngelRangelQS |
Oh and he'd have to show it was a loan rather than a gift. I suspect he'll be ok with the 3k to his mother but can probably kiss goodbye to everything else.
Don't understand how it's fraud though | | | |
| "legal help" for a friend on 20:48 - Jun 4 with 2526 views | jack_lord |
As you say, she borrowed £3000. Then it is a loan. Sell the loan to debt collectors and see her squirm. |  |
| |
| "legal help" for a friend on 20:49 - Jun 4 with 2522 views | Jackfath |
| "legal help" for a friend on 20:37 - Jun 4 by AngelRangelQS |
CAB are no substitute for proper legal advice IMO. Some are great, some are awful.
Why would you want to go down the small claims court route before trying to see if she'll agree to pay it back under a bit of pressure?
He'd have to write to her first in any event setting out what he's owed and when he wants it by, etc. |
All well and good until she merely ignores the letter. | |
| |
| (No subject) on 20:56 - Jun 4 with 2499 views | waynekerr55 |
Cheers all - he's a bit sore and sensitive but he's going to have to deal with it sooner rather than later [Post edited 4 Jun 2014 20:58]
| |
| |
| "legal help" for a friend on 21:07 - Jun 4 with 2476 views | Jackhero |
I lost a Playstation in a break up with an ex once. Well worth losing it though she was a nutter! Not sure I could stomach a 3k loss but as someone has already said, it may well be worth that loss to what he could have expected in a few years time. Anyway Karma has a knack of balancing things out tell your mate.
My ex, despite gaining a playstation, ended up sleeping with a bloke I knew of who was a bit like oldjack (may have been oldjack????) and he pis sed all over her as she slept! Karma eh! |  |
| Tubbs: Will heaven be like Swansea? Edward: Yes, Tubbs. Only... bigger. |
| |
| "legal help" for a friend on 21:10 - Jun 4 with 2472 views | Watchman |
claims court could be fine but sadly if the person in question can do that for £3k then if you force the issue for money the car will end up torched/sold/stolen
take a big gulp and move on but his mum will never ever forget |  |
| |
| "legal help" for a friend on 21:46 - Jun 4 with 2414 views | AngelRangelQS |
| "legal help" for a friend on 20:49 - Jun 4 by Jackfath |
All well and good until she merely ignores the letter. |
Then you can go down the small claims route, safe in the knowledge you've done everything the pre-action protocol requires | | | |
| |
By continuing to use the site, you agree to our use of cookies and to abide by our Terms and Conditions.