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Loan given to friend

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  • 02-03-2013 5:54pm
    #1
    Registered Users Posts: 17


    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


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Comments

  • Banned (with Prison Access) Posts: 368 ✭✭Morph the Cat


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


  • Registered Users Posts: 17 Mike.m25


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


  • Banned (with Prison Access) Posts: 329 ✭✭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


  • Banned (with Prison Access) Posts: 329 ✭✭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?


  • Registered Users Posts: 17 Mike.m25


    I know, i learned the hard way...


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  • Registered Users Posts: 17 Mike.m25


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

    I know, i learned the hard way :(


  • Registered Users Posts: 17 Mike.m25


    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 :(


  • Banned (with Prison Access) Posts: 329 ✭✭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??


  • Registered Users Posts: 17 Mike.m25


    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??


  • Banned (with Prison Access) Posts: 329 ✭✭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?


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  • Closed Accounts Posts: 4,001 ✭✭✭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...


  • Banned (with Prison Access) Posts: 329 ✭✭Cereal Number


    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


  • Closed Accounts Posts: 8,411 ✭✭✭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.


  • Closed Accounts Posts: 7,484 ✭✭✭username123


    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.


  • Closed Accounts Posts: 346 ✭✭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?


  • Registered Users Posts: 17 Mike.m25


    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!


  • Registered Users Posts: 17 Mike.m25


    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??


  • Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,059 Mod ✭✭✭✭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.


  • Closed Accounts Posts: 346 ✭✭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.


  • Registered Users Posts: 17 Mike.m25


    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....


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  • Registered Users Posts: 17 Mike.m25


    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...


  • Banned (with Prison Access) Posts: 329 ✭✭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!


  • Closed Accounts Posts: 346 ✭✭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.


  • Closed Accounts Posts: 8,411 ✭✭✭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...


  • Closed Accounts Posts: 8,411 ✭✭✭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.


  • Registered Users Posts: 13,385 ✭✭✭✭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


  • Registered Users Posts: 11,907 ✭✭✭✭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.


  • Moderators, Category Moderators, Business & Finance Moderators, Technology & Internet Moderators Posts: 19,340 CMod ✭✭✭✭Davy


    Moved from work & jobs with updated title


  • Closed Accounts Posts: 2,386 ✭✭✭monkeypants


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


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  • Registered Users Posts: 1,494 ✭✭✭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


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