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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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in february 2010 i sold a 32 inch LCD TV and a double bed

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in february 2010 i sold a 32 inch LCD TV and a double bed for £400 to this guy who was going out with a girl i was kinda friends with. he didnt have the money at the time so i agreed that he could take the things and pay me later via online banking. (i was going travelling so was getting rid of all my stuff and leaving the country in the march) i kept texting him about the money and he kept saying yeah yeah he would pay. ive been asking him on and off for the past 2 years and he just keeps giving me excuses. im back in the uk now and kept asking him via text again and he agreed to give me £50 a month. he only did this twice, so still owes me £300. he text last week saying he is not going to pay because he doesnt have to as hes given them to someone else and ill have to ask them for the money. I have copies of all the text messages we have sent each over the the two years as i backed them up to googlemail. is there anything i can do? he says there isnt.

Thanks for your question.

If you have proof in the form of text messages relating to the arrangement and the fact that he still owes you this money then you can sue him yourself. The fact that he no longer has the goods is irrelevant unless you agreed that he could assign the contractual responsibility to another person, which presumably you have not.

However, you should write a formal letter to him stating the details of the loan and that you require the money to be paid back within a reasonable time (eg 7-14 days) in lieu of the fact that the repayment plan has failed). State that you are prepared to issue a claim at Court for the outstanding monies if necessary.

If no response is received then you can issue a claim yourself through Her Majesty's Courts Service's online service . It's very straightforward to use and pretty cheap.

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Kind regards,

Customer: replied 5 years ago.

Excellent, but I believe he has moved house since this happened. So I only have his old address (which is his parents house). I dont know anyone else that knows him to find out his new address. I believe he lives in Suffolk somewhere.

Well, you'll need an address to send the letter and claim form to.

If you can't find him via informal efforts (a previous address is probably not sufficient) then you will have to employ a tracing agent. If you google tracing agents and your locality then a list will be provided.

Trust this clarifies, please click accept.

Kind regards

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