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Loan gone bad!

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  • 02-03-2013 6:05pm
    #1
    Mike.m25
    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 frown.png Thanks


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    #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    That's well and truly gone. I'd just move on if I were you. See a solicitor if you want to peruse it, but chances are if he was borrowing money off mates he hasn't a pot to piss in regards assets.

    Never loan money.


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    #3
    cml387
    Registered Users Posts: 8,382 ✭✭✭cml387


    Since this is the facebook generation, can you not remind him on facebook about the money he owes?
    Using the legal route would be a waste of time, better shame him into doing the right thing.


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    #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    cml387 wrote: »
    Since this is the facebook generation, can you not remind him on facebook about the money he owes?
    Using the legal route would be a waste of time, better shame him into doing the right thing.

    Not such a good idea.

    Non-Fatal Offences Against the Person Act, 1997

    11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—

    (a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or

    (b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or

    (c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or

    (d) the person utters a document falsely represented to have an official character.

    (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.


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    #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Procrastastudy wrote: »
    Not such a good idea.

    Non-Fatal Offences Against the Person Act, 1997

    11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—

    (a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or

    (b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or

    (c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or

    (d) the person utters a document falsely represented to have an official character.

    (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.

    The bolded bit is the important word.


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    #6
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Like I said on you other thread. I would shame him by telling his family. You've nothing to lose.

    For those interested in this thread, the other one is here which was originally posted in Work & Jobs.


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    #7
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    ResearchWill wrote: »
    The bolded bit is the important word.

    It doesn't preclude a frequency of once.


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    #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Procrastastudy wrote: »
    It doesn't preclude a frequency of once.

    If that was the case every bank, credit union, revenue and loads of other business would be before the courts every day.


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    #9
    cml387
    Registered Users Posts: 8,382 ✭✭✭cml387


    Suppose the OP walked into a bar where the debtor was drinking with his friends, and said "When are you going to pay me back the money you owe me?"

    Woud he be committing an offence?


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    #10
    Artful_Badger
    Closed Accounts Posts: 4,339 ✭✭✭Artful_Badger


    Fist thing you need to do is talk to him about it. Tell him you've been patient and need him to start making an attempt at paying it back immediately.

    If he makes no effort to even pay some back then you tell him its not on and he'll leave you with no option but to take it further.

    If you get to the stage of ending the friendship the money is gone, and humiliating him on facebook will do just that. Give him reasons to pay ya back instead of reasons not to.


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    #11
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    ResearchWill wrote: »
    If that was the case every bank, credit union, revenue and loads of other business would be before the courts every day.

    The suggested course is very different. It is being calculated to cause humiliation and is being posted on Facebook. A credit union etc. is not doing that.


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    #12
    Dwork
    Closed Accounts Posts: 797 ✭✭✭Dwork


    cml387 wrote: »
    Suppose the OP walked into a bar where the debtor was drinking with his friends, and said "When are you going to pay me back the money you owe me?"

    Woud he be committing an offence?
    I have seen this happen and end badly. Not very advisable.


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    #13
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Since it was a loan between friends, do you have any evidence of it; how much was loaned and what terms were expected?

    I think you may find that he will deny that there ever was a loan and state either that it was a gift or that it was to be repaid at his convenience.

    The phone calls may help but might not be conslusive as to the terms. I presume any interest/repayment terms were never recorded?


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    #14
    Mike.m25
    Registered Users Posts: 17 ✭Mike.m25


    Deleted User wrote: »
    Since it was a loan between friends, do you have any evidence of it; how much was loaned and what terms were expected?

    I think you may find that he will deny that there ever was a loan and state either that it was a gift or that it was to be repaid at his convenience.

    The phone calls may help but might not be conslusive as to the terms. I presume any interest/repayment terms were never recorded?
    I have proof of him admitting it on the phone calls and p/m on facebook, he hasent attempted to pay back any bit and i said this on the call too and he admitted to that...


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    #15
    Artful_Badger
    Closed Accounts Posts: 4,339 ✭✭✭Artful_Badger


    Mike.m25 wrote: »
    I have proof of him admitting it on the phone calls and p/m on facebook, he hasent attempted to pay back any bit and i said this on the call too and he admitted to that...

    Do you think he will attempt to pay it back or is he likely to just say "go fcuk yourself" when you get him into a corner ? I know a lot of people will put off repaying friends but usually they will repay it when they cant hide from it any more.


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    #16
    Mike.m25
    Registered Users Posts: 17 ✭Mike.m25


    Artful_Badger wrote: »
    Do you think he will attempt to pay it back or is he likely to just say "go fcuk yourself" when you get him into a corner ? I know a lot of people will put off repaying friends but usually they will repay it when they cant hide from it any more.
    I will get it off him eventually,but im going to have to keep on to him!


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    #17
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Mike.m25 wrote: »
    I will get it off him eventually,but im going to have to keep on to him!

    You sure about that? It's been 3 years and he hasn't paid you a brass razoo!!

    Send your bank details and TELL HIS FAMILY!! The time for being nicey, nicey, softly, softly is long over.

    Time to get ragga with his ass...


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    #18
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    ABajaninCork wrote: »
    You sure about that? It's been 3 years and he hasn't paid you a brass razoo!!

    Send your bank details and TELL HIS FAMILY!! The time for being nicey, nicey, softly, softly is long over.

    Time to get ragga with his ass...

    What is this 1845? What on earth is his family going to do about it?


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    #19
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Procrastastudy wrote: »
    What is this 1845? What on earth is his family going to do about it?

    They shouldn't pay the OP, that is true. But it might shame the 'friend' into paying.

    The friend may very well return to Ireland, although this is not certain. Why shouldn't the OP ramp things up? 9.3k is a lot of money to wave goodbye to. Why should he put up with it?? I would be making things as uncomfortable as possible for him now. Starting with his credit, if I could. It's probably non existant due to the fact he had to get a private loan, but still.

    Is it not also possible to register the debt in Stubbs?


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    #20
    Artful_Badger
    Closed Accounts Posts: 4,339 ✭✭✭Artful_Badger


    ABajaninCork wrote: »
    They shouldn't pay the OP, that is true. But it might shame the 'friend' into paying.

    The friend may very well return to Ireland, although this is not certain. Why shouldn't the OP ramp things up? 9.3k is a lot of money to wave goodbye to. Why should he put up with it?? I would be making things as uncomfortable as possible for him now. Starting with his credit, if I could. It's probably non existant due to the fact he had to get a private loan, but still.

    Is it not also possible to register the debt in Stubbs?

    The family have nothing to do with it though and shouldnt be dragged into it. Its and issue between the OP and who he lent the money to.


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    #21
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    ABajaninCork wrote: »
    You sure about that? It's been 3 years and he hasn't paid you a brass razoo!!

    Send your bank details and TELL HIS FAMILY!! The time for being nicey, nicey, softly, softly is long over.

    Time to get ragga with his ass...


    It depends on the family but if he was a friend once you might know them well enough to make an assessment. It they're the type of people that consider burning a friend and not paying what you own is a badge of honour or 'cute' behaviour then forget it. However if they are normal respectable decent people, let them know. They may be able to put pressure on him to pay his debts and in the long run this might be the most efficient outcome.


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