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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I ask this question on behalf of my step mum who has issue

Customer Question

I ask this question on behalf of my step mum who has issue with a debt that is owed to her from where she lent a close family friend 5,500 for he could buy a car as his csr was stolen and with him caring for his mum the need for him to have a vehicle was essential.
She never had a contract drawn up with the agreement of the loan as she never thought it would of been actually needed.
Whom the loan she gave a helping hand to is deceased now and when speaking with his mother and sister in relation to the remaining balance owed it is acknowledged and agreed that the balance will be sorted. Unfortunately 6 weeks after his death his mother died as well. So communication has been with the sister concerning the matter. The sister has again acknowledged and verified that there was still money owed from the loan and had intension of paying the remainder, and then agreed to the car being picked up instead that was purchased with the money loaned.
Now my step mum has received a text msg saying disregard her ( being the sister ) previous text saying that she could come and collect the car for the balance owed which was 4,500! As she states now she has been since advised that her brother and mother who are deceased paid the loan back in full.
Now my step mum has proof of withdrawal of where she first took the cash from her account to give the amount of 5,500 to loan him and she has proof of transactions of so many deposits where it was Transferred in to her bank for loan repayments. Also the many texts between his sister and herself discussing the issue with it clearly showing the sister acknowledging that there was money still owed for the the loan after the deaths of her brother and mother.
Now my question is would that evidence of detail be enough for legal grounds in court along with statutory declaration of present witnesses at time of verbal loan agreement and all sms texts back and forth concerning the matter and bank transactions in relation of withdrawal of the original amount loaned and repayment deposits made??
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 7 months ago.

Good Morning,

She has 6 years to commence proceedings in court and it will be her word against theirs.

If she has evidence of a bank transfer this will assist or anyone that can confirm the loan.

The following link is a detailed link on the process of debt recovery and what she has to do.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

The trail of where the money went is good evidence.

I hope this makes sense and is of assistance, If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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Regards

Leon