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I would like advise on whether I can retrieve a loan to

Customer Question
Hi , I would like...
Hi , I would like advise on whether I can retrieve a loan to a family member. The loan can be verified but no written contract has been drawn up. The member refuses to acknowledge there was ever a loan , will not enter into a repaymen agreement. I live
in western Australia. Thanks Terry
Submitted: 2 years ago.Category: Australia Law
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Answered in 1 minute by:
6/1/2015
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,496
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Is there anything in writing either emails etc that can verify that it was a loan?
Anyone witness the agreement?
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Customer reply replied 2 years ago
yes , mainly verbal , copy of bank transaction , copy of a written list by the person with debts that's needed to be paid on the settlement of a separation agreement between him and his separated partner.
Customer reply replied 2 years ago
yes there is a witness to the agreement
Solicitor: Leon, Solicitor replied 2 years ago
Good Evening
You can rely on all of that and sue them in court.
How much are we talking about?
What have you done to protect yourself so you don't lose the money?
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Customer reply replied 2 years ago
$16,000
Customer reply replied 2 years ago
probably not a last , fatal mistake I guess in that you trust family members , verbal agreement was it would be paid back when a property was sold and the offer was to ad an interest factor up to $25,000
Solicitor: Leon, Solicitor replied 2 years ago
Good Evening
Register a caveat in the title of the house if they have a house.
Send them a letter of demand asking for them to start making repayments and if they don't then you sue them.
You can claim interest and also costs of the court action. It can be started in the Magistrate Court.
The documents you have and the witness will be your case.
I hope this makes sense and 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
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
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Customer reply replied 2 years ago
probably not a last.......probably not a lot
Customer reply replied 2 years ago
is there a regulated interest rate and is this compounding
Customer reply replied 2 years ago
hello Leon , are you still online
Solicitor: Leon, Solicitor replied 2 years ago
Good Evening
The magistrates court has a set interest rate.
Here is some information
http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_7.pdf
The court can give you details of what the rates are for the different periods.
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Customer reply replied 2 years ago
ok thanks , that answers my query .
I have paid the $81 which is fine , but just noticed that it mentions this is $81/month . Is this an ongoing fee I have committed to'
if so I need to cancel this .
Solicitor: Leon, Solicitor replied 2 years ago
Good Evening
I am not sure what you subscribed to.
I will pass it onto the administrators to contact you.
Please do not forget to rate my work as I only get paid if you give me a positive rating.
Good luck with it.
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Customer reply replied 2 years ago
thanks and will rate yr work , cheers
Solicitor: Leon, Solicitor replied 2 years ago
Good luck with it.
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
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Solicitor: Leon, Solicitor replied 2 years ago
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,496
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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).

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