Get UK Law Questions Answered by Verified Experts
Was the transfer of money understood to be a loan as opposed to a mere gift and do you have documentary proof of this (eg. email, text message etc).
What is the value of the sum of money involved?
Was it understood by both parties to be a loan and not a mere gift?
Was there an understanding of the term of repayment?Tom
Right. Have they defaulted on those repayments?
If they have defauled then you can seek to claim the money from them. A contract can be oral, it need not be expressed in writing. Any documentary evidence acknowleding the loan status of the arrangement will be helpful.
You should write a formal letter to them stating the details of the loan and that you require the money to be paid back (or an amended repayment plan suggested) within a reasonable time (eg 7-14 days). State that you are prepared to issue a claim at Court for the outstanding monies if necessary.
If this does not illicit a response you should ask a solicitor to draft a Letter Before Action to her. This will be cheap and may bring home your commitment to recovering the money to them.
If no response is received then you can issue a claim yourself through Her Majesty's Courts Service's online service http://www.moneyclaim.gov.uk/ . It's very straightforward to use and pretty cheap. Again, they may at this point relent and offer to repay the money. I would have thought that it would be worth doing even if you do not have any documentary evidence that is was in fact a loan since it is an inexpensive way forward and it may not actually go to Court if they see sense, acknowledges and suggested a form of repayment.
HMCS's website contains lots of useful information for issuing a claim yourself:-
If this has been useful please kindly click accept so that I my be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).