jensteve

This is a good one.

When I left the UK last August I had left a debt owing to me behind.

I left the person bank paying in books and a written agreement that she would keep paying £50 a month until the debt was cleared, well 3 payments later and no more, have written, emailed and getting nowhere. Have even suggested me getting another bank account closer for access for her, nothing!

What the hell can I do from over here? any suggestions----anyone!!!

It's not a huge debt but was going to be our holiday fund cash when we finally decided to go back for a holiday, its not something I just want to forget about, but is there anything I can do legally from here.

Jenny

NedKelly

How much is the debt?

4lex

That depends on whether or not you can prove that this other party owes you the money. Your first move has to be to write to the person by recorded mail explaining exactly what you want and in what timescale you expect it to happen. Also advise them at this time that if they fail to comply you will take further action.

Your course of further action will be through the small claims court I imagine, point out also that you will be applying for costs from the court if successful, to include, but not limited to loss of interest, reasonable costs for writing letters etc (see a solicitors' invoice for what a court considers to be reasonable costs here). You should point out that should the matter come to court you will appoint council to deal with the matter in your absence, for which of course you will also claim costs.

I believe it is possible to lodge a claim with the small claims court online, but I don't have the link handy I'm afraid. Do bear in mind however, there is only any point to doing all this if you feel a) you stand a better than average chance of winning, and, more importantly, b) the person in question has any money to get. All very well being awarded a settlement and costs, but if there is no money you'll be further out of pocket than you were to start with.

And of course this is a pretty heavy-handed approach which would likely destroy any personal relationship with this party, so not to be taken lightly.

Hope this helps,

Alex

PS - I'm not a lawyer, this is just my opinion from personal experience.

mlbonner

Does the written agreement specify how much in total they were meant to pay you? Do you have a copy of this agreement? Do you have bank statements showing those 3 transactions, and statements from there-on after showing no 50quid?

Just asking these questions, as I would imagine these are the things you would need to chase the debt. I'm sure a lawyer/debt collector would be able to get the money back for you, but depending on how much it was this may/not be worth it. Also I think Alex's POV about breaking friendships is important to consider. Have you tried phoning them, its easy to ignore emails!

jensteve

Its a few thousand, the agreement stated the total amount, the minimum monthly payment and was signed by her and also witnessed by her daughter.
I have the statements and even declared the amount on my last tax forms with the accountant at the end of my business accounts.
Dunno, have written to her and so far and this is today have had half a text message, for some reason the explanation of non payment has gone missing in cyberspace so have texted her again.
As for her having the funds, doubt as if she would have it, I would have lots of pet supplies if I sent the collectors in which gives me more headaches.
Pain in the ass really, can defo do without it.
Jenny