# Suing an individual for monies owed?



## Havana (2 Feb 2009)

Is it possible to sue an individual for monies owed - it was not a commercial arrangement.

I am awaiting a call back from a solicitor to put the query to them but just wondering is it something that is possible, has anyone any experience of doing so and if so what was the outcome/

Thanks in advance.


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## mf1 (2 Feb 2009)

It helps if you have a cause of action!

What one person regards as a cause of action a Court may not - so, for instance, if you gave money to someone as an unconditional gift and changed your mind and now want it treated as a repayable loan, you would not get judgment. 

Even if you have a cause of action and successfully get a judgment, you still have to try and enforce it. You may find that difficult.

mf


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## Havana (2 Feb 2009)

Thanks,

To be honest I have written off most of the money as I really don't believe I will ever get it back - it is a very large sum but for my own wellbeing I think thats best. The money was always a loan and always to be repaid - he does not dispute it - to me at least, though if it gets official that may change.

But I suppose I do want to make sure I've looked into all avenues before I walk away - I hate to let him away with such a large debt.

One part of the money owed is for a carloan - the loan is in my name, the car in his (smart, eh?!) but it is a car finance loan, not a personal loan so the loan is attached to the car if that makes sense. I am making monthly payments on a car that I do not have in my possession and its very annoying. 

If I could even get this loan cleared it would be something.

Anyway thanks again!


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## Optimist (2 Feb 2009)

First of all, let me say that its almost impossible to comment with such little information available but....

If the car is his then if you simply default on the loan, the car will be repossessed and the loan will disappear. Then again, having a blight on your credit rating might not be what you need right now but that would depend on your own circumstances... 

If this scenario were to be mentioned to him it is possible that repayment might be forthcoming?


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## Havana (2 Feb 2009)

I want to avoid a black mark on my credit rating if i can. I have spoken to the bank in question and they are very understanding. To a point!

they have given me a couple of options such as surrendering the car which, while not great for my credit rating is better than default and repossession. I have tried to get the car back to try sell myself and at least get something for it but short of stealing it thats not happening.


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## murphaph (2 Feb 2009)

If you stop repaying the loan and forward all threatening bank letters to the guy with the car, might he start repaying it himself if you make it clear the car will be repossessed if he doesn't?


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## Havana (3 Feb 2009)

Considering he has paid me 3 instalments in almost 2 years I don't hold out much hope on him paying anything. I have only paid to try maintain my credit rating - part of me wishes I had defaulted a long time ago - at least then it would be closer to being off my credit report. I just can't afford to continue making the payments and no amount of pressure on him seems to make a difference. I think his head is firmly buried in the sand, and when I informed him I would be surrendering the car I got the impression he didn't think I'd follow through on it. And I'm not willing to leave the loan in my name and trust he will make the payments. And the bank will not transfer it to his name - assume he has a very poor credit rating.

I was in the process of purchasing a property and that has fallen through because of my inability to complete because he did not repay what he owed nor clear the loan (one of the mortgage conditions) So on top of it all I have lost the deposit.

I don't know how some people live with themselves!!

Anyway thanks, I'm beginning to think my only option is to surrender the car.


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## Pauliwalnuts (6 Feb 2010)

My brother is in exactly the same situation as the OP here.
Basically he got out a loan for 2.5k in his own name to help out a so called friend.

That was 2 years ago & he has only recieved 2 payments since of €100 since.

Of course none of this was in writing but there was a 3rd person present who witnessed the agreement.

My brother has got sick of waiting for his money back & is wondering if he has a foot to stand on legally in trying to get payment from this guy.

Last time he asked for payment he was basically told to fcuk off !!

I suspect he will need to write it off but maybe somebody in the know legally may have a different opinion.


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## sam h (6 Feb 2010)

What a terrible position to be in due to helping someone out!!  I couldn;t sleep at night if I owed someone money like that.  

If nothing else, it highlights a need to have it all in writing (or better still - "never a borrower nor a lender be").

I lent a few grand to a friend a few years ago and she was quiet offended that I wrote up an agreement with details of the loan and when it was to be repaid.  I told her it was the best way to make sure we didn't fall out over it as it was clear what was lent and when and how it was to be repaid.  

Luckily, it all went fine and I got my money  back.


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## murphaph (9 Feb 2010)

I lent 1200 to someone about 4 years ago, someone I trusted and they failed to pay a penny back. I had written it off and dissolved the "friendship" but lo and behold last week she paid me 600 of the 1200 with a promise of the remaining 600 within 2 months. Sometimes people do the right thing in the end. I would NEVER lend anyone money like that again though, lesson learned.


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## Buddyg (9 Feb 2010)

You would want to be mad to lend money to a friend. Life is hard enough without that sort of hassle.


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## csirl (15 Feb 2010)

Havana said:


> Thanks,
> 
> To be honest I have written off most of the money as I really don't believe I will ever get it back - it is a very large sum but for my own wellbeing I think thats best. The money was always a loan and always to be repaid - he does not dispute it - to me at least, though if it gets official that may change.
> 
> ...


 
This sounds like it's from Judge Judy - she seems to deal with this type of case in practically every programme


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