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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6387
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello i need to the safest procedure of how to give a loan

Customer Question

hello i need to the safest procedure of how to give a loan to some one including details about the contract and any other important information
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Is this a private loan between two individuals? Ie. it does not involve a company/body who provides a form of agreement.

 

How much is the loan for?

 

Tom

Customer: replied 4 years ago.
yes its a private loan that has to be repaid by 15th of september and there no interest involved in the repayment of the loan
Customer: replied 4 years ago.
sorry forgot to tell you that the loan is for £ 900
Expert:  Thomas replied 4 years ago.

Hi,

 

If your primary concern is that this obligation to repay is legally enforceable (ie. that you will be able to sue and recover the money in the event of default) then you can simply prepare a simple letter from the person to whom you are lending the money. It should state their name, address, give details of loan (date of loan, amount, date to be repaid) and that you intend to create legal relations in making the loan.

 

Get him to sign it with a witness also signing, printing their name, address and occupation.


This will be sufficient for you to produce as evidence to sue in the small claims Court.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
and the best person as a witness should be other than any family members of ours right ?
Customer: replied 4 years ago.
and is there any way could look at a similar letter in regard to my needs so that i have an indea on what needs to be there and how its meant to look like
thanks
Expert:  Thomas replied 4 years ago.

Yes, the witnesses should ideally be persons who are not family members really - it's not essential but best practice.

 

I don't have access to any such letters right now, but they really are very simplt. They identify both parties, the loan itself (ie the amount and when it was transferred - do it at the same time as him signing the letter- simultaneous exchange and signature)), when it is to be repaid. The letter should contain a statement "In common with [INSERT LENDER'S NAME] I agree to give legal effect to the terms mentioned in this letter and acknowledge [INSERT LENDER'S NAMED] right to recover sums owing under this agreement in the event of default and, if necessary, at Court"

 

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
do i need some other form of security or just the letter would be sufficient enough
Expert:  Thomas replied 4 years ago.

Hi,

 

If all you wish to have is evidence that this is a simple loan arrangement of a sum of money loaned which is to be repaid by a certain date with no other terms then the letter will suffice as an acknowledgemnet of this and will allow you to sue the debtor if he defaults.

 

Make sure the letter is signed either before or at completion of the transfer of money to him.

 

I trust this answers your questions, if so please click accept.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
can you please make a letter for me which I could use
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your accept.

 

I think the drafting of the letter is probably a separate question. If you are happy to click a further accept if I post a draft form of the letter in reply (JA forbids the transfer of attachments) then I shall draft.


Please confirm.

Customer: replied 4 years ago.
yes im ready to do that u can make the letter and leave the names and the address info blank as i could fill that up thanks
Expert:  Thomas replied 4 years ago.

[their name] (shift to left hand side of page obviously)

[their address]

[date]

 

[your address]

 

Dear [your full name]

 

LOAN OF £900.00

 

I write to confirm I have today received the sum of £900.00 (the "Loan Amount") by [insert transfer of money type]. I acknowledge this is not a gift, but a repayable loan to you.

 

As agreed, this sum has been transferred to me as a loan which is to be repaid in full no later than 15th September 2010.

 

In the event of my default I acknowledge that any money repaid to you after 15th September 2010 which is less than the Loan Amount shall not settle the debt and that the balance of any monies owing shall continue to be repayable to you until you have given me written notice that a sum equal to the Loan Amount has been received and no further monies under the terms of loan are owed by me to you.

 

As further agreed with you, I agree and acknowledge that legal effect is to be given to the above terms of the loan and appreciate your legal right to recover the Loan Amount including issuing a claim at Court to recover the Loan amount and any costs you incur as a result my default.

 

Yours sincerely,

 

 

..........................................

Signed

INSERT DEBTORS NAME

 

 

Witness Signature ....................

Witness Name ....................

Witness Address ....................

Witness Occupation ....................

 

 

 

 

 

 

Customer: replied 4 years ago.
thanks for the help
Customer: replied 4 years ago.
thanks for the help



Expert:  Thomas replied 4 years ago.

Hi,

 

If you are satisfied with the letter I shall be grateful if you would kindly click accept.


Kind regards,


Tom

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