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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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What rights do people have, if they loan out money to a relative

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What rights do people have, if they loan out money to a relative with no agreement to pay it back

Hi,


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?

 

 

Tom

Customer: replied 5 years ago.
Hi Tom, The money is approx £4,300 no documentation of any kind.

Thanks.


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

Customer: replied 5 years ago.
Yes, There was understanding of repayment of £100 a month.

Right. Have they defaulted on those repayments?


Tom

Customer: replied 5 years ago.
Yes

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:-

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

 

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.

 

Kind regards,

 

Tom

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