Loan given to friend

Mike.m25

I loaned a friend 9300 nearly 3 years ago now. I have been very patient and understanding giving him loads of time to pay it back. He went to oz last year and said when he came home would have the money for me, i said ok as i wouldnt pressurize anyone. He rang me in nov 12 saying he would be home feb 2013 for 3 weeks and would sort me out then, i was delighted as he said he was making loads of money in oz and i should go over. He came home this feb and i mailed him on facebook about the loan and he kept putting it off and said i will defo meet u before i go back, well he went back last night! Avoided me at all costs and kept me sweet by saying he had it! I have 2 phone calls recorded with him saying he owes me the money and was gonna pay it and also i have the messages on facebook! Anyone ever in a similar predicament? Any advice would be great at this stage Thanks

Morph the Cat

He's not a friend. Small Claims Court - you have proof.

Mike.m25

Ya i was going to go to a solicator but i am kind of embarassed as how stupid i was.

Cereal Number

Mike.m25 wrote: »

I loaned a friend 9300 nearly 3 years ago now. I have been very patient and understanding giving him loads of time to pay it back. He went to oz last year and said when he came home would have the money for me, i said ok as i wouldnt pressurize anyone. He rang me in nov 12 saying he would be home feb 2013 for 3 weeks and would sort me out then, i was delighted as he said he was making loads of money in oz and i should go over. He came home this feb and i mailed him on facebook about the loan and he kept putting it off and said i will defo meet u before i go back, well he went back last night! Avoided me at all costs and kept me sweet by saying he had it! I have 2 phone calls recorded with him saying he owes me the money and was gonna pay it and also i have the messages on facebook! Anyone ever in a similar predicament? Any advice would be great at this stage Thanks

RULE NO.1 Of Life - Never lend money to anyone

Cereal Number

Mike.m25 wrote: »

Ya i was going to go to a solicator but i am kind of embarassed as how stupid i was.

Dont be, some arséholes are like that; can you pressure his family or bring a few hardy bucks over to his house to extort him?

Mike.m25

I know, i learned the hard way...

Mike.m25

Cereal Number wrote: »

RULE NO.1 Of Life - Never lend money to anyone

I know, i learned the hard way

Mike.m25

Cereal Number wrote: »

Dont be, some arséholes are like that; can you pressure his family or bring a few hardy bucks over to his house to extort him?

No i couldnt do that as im going to try get the loan back

Cereal Number

You should have pounced him when he got back, id have been livid, but then again i wouldnt lend anyone that kinda dough, what did he use it for??

Mike.m25

Cereal Number wrote: »

You should have pounced him when he got back, id have been livid, but then again i wouldnt lend anyone that kinda dough, what did he use it for??

A car and insurance, am just looking for advice on a legal route i can take??

Cereal Number

Mike.m25 wrote: »

A car and insurance, am just looking for advice on a legal route i can take??

wheres the car now?

Mr. Loverman

Mike.m25 wrote: »

A car and insurance, am just looking for advice on a legal route i can take??

The work forum probably isn't the best place to look for legal advice!

Talk to a solicitor I reckon...

Cereal Number

Mr. Loverman wrote: »

The work forum probably isn't the best place to look for legal advice!

Talk to a solicitor I reckon...

Or the free legal advice center, FLAC

ABajaninCork

If you know where you 'friend' lives in Oz, you'll have to chase him for the money there. I'm not sure you can take him to SCC here...

I think you'd better ask the mods to move this to Legal Discussion, where you'll get better advice there. Mind you, legal advice is strictly forbidden.

username123

Morph the Cat wrote: »

He's not a friend. Small Claims Court - you have proof.

Small Claims Court is for private individuals to pursue businesses, not other private individuals.

OP, you are on an expensive no hoper here, it would cost more than the original loan to pursue it legally, and with him being in Australia its unlikely you even could pursue it legally. Forget it, you made a terrible mistake, take it as a lesson hard learned.

petersburg2002

You sound like a friend everyone could do with. The other guy sounds a complete dirtbag. Did he actually buy the car? Or did he use the cash to fund his trip to Oz?

Mike.m25

petersburg2002 wrote: »

You sound like a friend everyone could do with. The other guy sounds a complete dirtbag. Did he actually buy the car? Or did he use the cash to fund his trip to Oz?

He bought the car and drove it for couple of months, then sold it and used the money for oz!

Mike.m25

ABajaninCork wrote: »

If you know where you 'friend' lives in Oz, you'll have to chase him for the money there. I'm not sure you can take him to SCC here...

I think you'd better ask the mods to move this to Legal Discussion, where you'll get better advice there. Mind you, legal advice is strictly forbidden.

Thanks for the advice, how do i get this post moved??

AlmightyCushion

Mike.m25 wrote: »

He bought the car and drove it for couple of months, then sold it and used the money for oz!

You're so called friend is a prick. When he sold the car he should have given you the money from the sale even if it didn't cover the full amount he owed you. I think he's been fobbing you off for a while now. If he wanted to give you the money he didn't need to wait until he came home. He could just do a bank transfer. That would actually be a better way to do it, as going through customs with €10,000 on you will raise all sorts of questions.

Ask him to do a bank transfer and if he refuses or fobs you off again, get legal advice.

petersburg2002

I think he has had three years. He could afford nearly a grand recently for a flight ticket home. Time to end the niceties and get a solicitor.

Mike.m25

petersburg2002 wrote: »

I think he has had three years. He could afford nearly a grand recently for a flight ticket home. Time to end the niceties and get a solicitor.

Ya thats the way im thinking now, it is sickening me to my stomach....

Mike.m25

AlmightyCushion wrote: »

You're so called friend is a prick. When he sold the car he should have given you the money from the sale even if it didn't cover the full amount he owed you. I think he's been fobbing you off for a while now. If he wanted to give you the money he didn't need to wait until he came home. He could just do a bank transfer. That would actually be a better way to do it, as going through customs with €10,000 on you will raise all sorts of questions.

Ask him to do a bank transfer and if he refuses or fobs you off again, get legal advice.

Thanks for your advice, i am going to ring him when he gets back over and ask him to do that, will record the call too just incase it might help...

Cereal Number

Mike.m25 wrote: »

Thanks for your advice, i am going to ring him when he gets back over and ask him to do that, will record the call too just incase it might help...

Work out the equivalent in AUS$, give him your bank ac no., sort code and IBAN number; give him no excuses.


If it doesnt work, put the call up on youtube and shame him!

petersburg2002

Mike.m25 wrote: »

Thanks for your advice, i am going to ring him when he gets back over and ask him to do that, will record the call too just incase it might help...

It would be pointless asking him for the money up front (going on his previous form). He's a bluffer and won't pay it. Suggest a monthly repayment plan instead. And advise that you will be seeking an Australian solicitor if he continues to fob you off.

ABajaninCork

Mike.m25 wrote: »

He bought the car and drove it for couple of months, then sold it and used the money for oz!

Not being funny OP, but I reckon this was his plan all along. Think about it. Presumably he wasn't working. How was he going to pay you back?

In any case, why didn't you call back the money when he sold the car? And why didn't he tap his parents for the dosh, if he wanted a car?

I'd tell his family too, if I were you...

ABajaninCork

Mike.m25 wrote: »

Thanks for the advice, how do i get this post moved??

Click on the red/white triangle. In the message box, tell the mod the thread's in the wrong forum and could they please move to Legal Discussion.

D'Agger

Wrong forum tbh

You need a solicitors advice on this but give him a warning that unless he transfers this is the route you're looking at.

He's had enough time and he's taking you for a fool

Kristopherus

Op, to cover yourself, you should talk to your solicitor about registering a debt judgement against him. Then if he returns, he must pay you or be put in the clink.

Davy

Moved from work & jobs with updated title

monkeypants

You loaned the money three years ago. Has he paid any of it back?

Sala

I would write a letter to give a bit more formality to the situation, outlining the situation (not for his benefit, for the benefit of the court if you get there): I gave you X amount of money on such and such a date. This was a temporary agreement. I require payment of this loan as a matter of urgency ..... Please confirm you will return said monies to me in full or propose a repayment schedule within 14 days. If I do not hear from you within 14 days of the date hereof I intend to issue proceedings against you to recover the debt.... Follow up 2 weeks later saying you are seeking legal advice and this is a final notice.

Even if you don't intend to seek legal advice / representation it may frighten him to move and pay you something, if you do intend to at least you will have a good paper trail and evidence of your attempts to get the money and hopefully an admission from him in writing that he does in fact owe the money

NeVeR

Sell his debt to a few heavies

But seriously as everyone has said he's not a friend...

Do you know his family ? Could you talk to them ask them to reason with him.

As others have said send all your bank details to him.. maybe make it sound like your doing him a favour by sending them.. " Save him the hassle of asking for them "

Best of luck.

Mike.m25

monkeypants wrote: »

You loaned the money three years ago. Has he paid any of it back?

Nope not a penny....

Irish_Elect_Eng

Yep, your friend is no-friend...

Is he in Oz legally :-)

If not, then you have some leverage, if he does not actually start repaying his loan (With Interest) pick up the phone and shop him to the Aussies.


Immigration Dob-in Service Love the Name of the Service.

Then after they pay for his flight back to Ireland he will be back in the Irish small claims courts jurisdiction where you can get a judgement against him. (Although he will be jobless).

But perhaps if you were to let it be known that you were considering this course of action a relative may pay to keep him in Oz.
I know that if I knew him, I would like to see him stay on the opposite side of the world.

Procrastastudy

Just on Small claims - I'm 99% sure individuals cant avail it's consumer v business only. The other issue is the jurisdiction of the SmCC is €2,500. The OPs case isn't even within the District Court jurisdiction - it's a trip to the circuit court - although that might change shortly if the jurisdictions are finally raised.

NUTLEY BOY

The core issue with this type of problem is to prove the existence of a debt.
Money may be owed or expected back but that is not the same as a binding legal obligation which is actually provable and enforceable.
This has been a nasty and expensive experience. It is well worth taking advice from a solicitor and even getting him to send a letter demanding repayment. Be careful not throw good money after bad in pursuing this.

marybridget86

Sala wrote: »

I would write a letter to give a bit more formality to the situation, outlining the situation (not for his benefit, for the benefit of the court if you get there): I gave you X amount of money on such and such a date. This was a temporary agreement. I require payment of this loan as a matter of urgency ..... Please confirm you will return said monies to me in full or propose a repayment schedule within 14 days. If I do not hear from you within 14 days of the date hereof I intend to issue proceedings against you to recover the debt.... Follow up 2 weeks later saying you are seeking legal advice and this is a final notice.

Even if you don't intend to seek legal advice / representation it may frighten him to move and pay you something, if you do intend to at least you will have a good paper trail and evidence of your attempts to get the money and hopefully an admission from him in writing that he does in fact owe the money

Emailing would be better as you automatically have proof of date, providing you have email address.

jd80

Procrastastudy wrote: »

Just on Small claims - I'm 99% sure individuals cant avail it's consumer v business only. The other issue is the jurisdiction of the SmCC is €2,500. The OPs case isn't even within the District Court jurisdiction - it's a trip to the circuit court - although that might change shortly if the jurisdictions are finally raised.

All this

and the small claims procedure precludes debts

CelticRambler

Go in heavy: give your "friend" a written warning (recorded delivery if possible, with copies to his family in Ireland) that the loan is to be repaid, or several significant repayments to be received, by such-and-such a date or you will add interest, start legal proceedings and report him to the Australian authorities with a view to having his visa revoked so that you can pursue him in Ireland.

If he's got any sense, he'll pay you off in a hurry.

Mike.m25

CelticRambler wrote: »

Go in heavy: give your "friend" a written warning (recorded delivery if possible, with copies to his family in Ireland) that the loan is to be repaid, or several significant repayments to be received, by such-and-such a date or you will add interest, start legal proceedings and report him to the Australian authorities with a view to having his visa revoked so that you can pursue him in Ireland.

If he's got any sense, he'll pay you off in a hurry.

Jesus that is the best advice i got yet!! Defo would pressurise him into paying

Procrastastudy

Mike.m25 wrote: »

Jesus that is the best advice i got yet!! Defo would pressurise him into paying

Yeah can't see that going wrong in any one of several ways.

His family has nothing to do with it. A complaint to the Australian authorities could well backfire as well. I realise it was a large sum of money and you are rightly pissed off - don't go doing anything stupid.

Mike.m25

Procrastastudy wrote: »

Yeah can't see that going wrong in any one of several ways.

His family has nothing to do with it. A complaint to the Australian authorities could well backfire as well. I realise it was a large sum of money and you are rightly pissed off - don't go doing anything stupid.

I wouldnt do it but would use it as a threat.. think it would get the ball rolling as its a serious thing to get visa revoked!!

jd80

Mike.m25 wrote: »

I wouldnt do it but would use it as a threat.. think it would get the ball rolling as its a serious thing to get visa revoked!!

Doubt very much if the Aus authorities will be bothered given it is a civil matter

He probably knows that too.

Any threat made will thus make you look weak or only full of bluff to him

CelticRambler

For a threat to be effective, you have to be prepared to follow it through.

Seriously, though, you can go the legal route and spend 9k on fees to be told he's got to pay you back and he might still tell you to feck off. For a lot less than that, you can make life really uncomfortable for him. He's obviously already "on the run" from you when he comes back to Ireland, so you need to find ways to step up the pressure.

Depending on how "heavy" you want to be, it might be worth getting his address/phone number/place of work in Oz and paying a % of the total outstanding to an Aussie bailif/debt-collector to call on him and remind him that even if he's on the other side of the world, he's not out of reach.

Maybe go easy on the family to begin with - you might need them to give you some info on when he's next in Ireland. Meet him at the airport before he flies back to Oz ...

NeVeR