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Do I have any legal come back on this?

  • 22-12-2009 8:26pm
    #1
    Closed Accounts Posts: 2,144 ✭✭✭


    Sorry if this is not appropriate for this forum, please move if necessary but I couldnt think of somewhere else to ask.

    I lent a friend €1000 in August by lodging money into her sisters account as she was stuck in Spain with no money. She promised to pay me back once she got home a week later. I foolishly belived her as we have been very good friends for years.

    Last week I finally got €100 off her but now she is saying she has no money and will not pay me back any more. I am sick with the stress of this. Since August she has been avoiding my calls and will only communicate through texts. She keeps promising me that she will lodge the money every week then at the last minute comes up with an excuse.

    Is there nothing I can do? Could I take her to civil court? I only have a lodgement slip for putting the money into her sisters account and texts and emails from her. That is all. She is getting nasty now saying she is sick of me asking for it back and wants me to leave her alone.

    I know I was very very stuipd but I trusted her. This sounds a bit more like a PI thread I know.


Comments

  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Bally8 wrote: »
    Sorry if this is not appropriate for this forum, please move if necessary but I couldnt think of somewhere else to ask.

    I lent a friend €1000 in August by lodging money into her sisters account as she was stuck in Spain with no money. She promised to pay me back once she got home a week later. I foolishly belived her as we have been very good friends for years.

    Last week I finally got €100 off her but now she is saying she has no money and will not pay me back any more. I am sick with the stress of this. Since August she has been avoiding my calls and will only communicate through texts. She keeps promising me that she will lodge the money every week then at the last minute comes up with an excuse.

    Is there nothing I can do? Could I take her to civil court? I only have a lodgement slip for putting the money into her sisters account and texts and emails from her. That is all. She is getting nasty now saying she is sick of me asking for it back and wants me to leave her alone.

    I know I was very very stuipd but I trusted her. This sounds a bit more like a PI thread I know.

    A solicitor's letter might do the trick. Get a price for writing the letter first.


  • Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Jo King wrote: »
    A solicitor's letter might do the trick. Get a price for writing the letter first.

    +1 its a good threat and usually spooks people into giving in.


  • Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,809 CMod ✭✭✭✭Shield


    Why bother with the expense of a solicitor's letter when Small Claims is exactly what this type of situation is for?


  • Registered Users, Registered Users 2 Posts: 12,199 ✭✭✭✭Sangre


    No its not. The small claims court covers:
    • Consumer claims such as for faulty goods or bad workmanship. You must have bought the goods or service for private use from someone selling them in the course of business.
    • Claims can also be made for minor damage to your property.
    • Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.


  • Registered Users, Registered Users 2 Posts: 289 ✭✭bildo


    The way I look at it, and I've been stung lending to "friends" in the past that if you lend someone money and never see them again then it's money well spent. No one needs people like that as friends.


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  • Registered Users, Registered Users 2 Posts: 1,937 ✭✭✭patwicklow


    well that sorta happened to me about 4 years ago i i lent him 1000 we worked together
    were the best of mates ect as the saying goes when you lend money to friends you lose the money and friendship aswell i wrote off what he owed me i learned a expenceve lesson.
    so my advice to you is write it off and you were lucky you got 100 back
    all the hassle of small courts ect. the stress just aint worth it


  • Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,809 CMod ✭✭✭✭Shield


    Doh! Small Claims covers debt up to £2,000 up here (NI). Forgot it's different down there.

    My mistake.
    Sangre wrote: »
    No its not. The small claims court covers:
    • Consumer claims such as for faulty goods or bad workmanship. You must have bought the goods or service for private use from someone selling them in the course of business.
    • Claims can also be made for minor damage to your property.
    • Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.


  • Closed Accounts Posts: 2,144 ✭✭✭Bally8


    Thanks for the responses. I spoke to a solicitor friend and she said she would have no problem writhing a letter for me. However Im hoping I dont need to do that anymore as I finally got to have a reasonable discussion with the girl I lent the money to this evening. After telling her I wasnt willing to argue over it any more and that it had to be resolved she has agreed to setting up a standing order for €50 a week from January. I really hope she actually does this and its not just another stalling tactic. At least she has changed from sayng she wont pay me back to making an arrangement with me. Fingers crossed some money arrives in my bank account in the New Year. Thanks for the responses and suggestions.


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