i have proof of money a friend owes me on my fone in the form of txt message.i have been promised the money back but they are dragging their feet.if i was to issue court procedings would the txt be proof.basically it says the amount in full and i will get it back on such and such a date.i was gonna say you have til the end of the month.the person hasnt said i wont get it back but like i say its not forthcoming as yet
basically what i want to know is
is the txt message proof as its written down but no signature obviously?
how do i broach the deadline subject as i can b quite passive
all advice greatly received
TIA
p.s. would take a load off my mind if u can tell me:-D
catcuddler Wed 08/10/08 22:15
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You could certainly take this to the Small Claims Court,and you MAY be successful in your claim.
However,the problem then arises if the person STILL refuses to pay you back.You have to hire baliffs,and this could cost you (I don't know the amount of the debt) more than you are owed in the first place.
Basically,it's up to you,IF the amount is worth pursuing?
I can't say whther a text is admissable,but mybe just the threat of the Small Claims court might make them cough up?
Legal Papers can be very intimidating!
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Question Author
i have been promised it will be paid back and i am not 100% sure i wont but not 100% sure i will.should i say you have til the end of the month for example and thats it and should that be done in writing.i dont think hes out 2 fleece me as such as he admitted in the txt he owes i just wanna hurry it up with xmas on the way.any other ideas?
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Yeah, forget about it for the time being and plan christmas without this money. If you get it back in time - bonus. I wouldn't depend on it though.
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It depends also on the amount involved- how much are you owed? If it's a few hundred pounds it may be worth pursuing; if it's less than £50 I'd suggest it's not worth it.
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no case in my opinion
In law the only documents that matter are the written ones.
Verbal or otherwise dont really cut it in a court room
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Not sure I agree with Paul, especially if the borrower doesn't deny that the borrowed the money . But it would help if we knew the amount involved
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if he's just dragging his heels, and not actually refusing to pay up, tell him you need your money back now. send him a text saying you'll be over tomorrow to pick it up and set a time. if he doesn't have it on him, tell him you'll give him a week and then you will look at your legal rights. make it clear that he has YOUR money, YOU did him a favour but now YOU need it yourself. say it like you mean it!
it's a bit vague but I don't see you as the type to go for a heavy-handed approach.
best of luck :o)
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Question Author
thanks all for your answers.its for several hundred pounds i was a fool 2 lend it i know.if it was less than £100 i would say sod it its not worth it.thats what i am planning to do.the person has assured me i will get it back but theres still some doubt.i have been assured i will get part payment early next week so fingers crossed.in the meantime would it be wise to write down what is owed and get us both 2 sign it just for my own piece of mind?.if i dont recieve any payment i will put in bluntly that they have my money i lent it to them in good faith and i need it back.your right sara i sometimes wish i was the oi mate give it back or else kinda person but i'm not sadly.as the person admits they owe it to me i dont think they are out to fleece me but u can never be certain
any other advice greatly recieved
p.s. i will never lend any1 another penny piece
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Question Author
would bounced cheques be proof?
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If he says he can't pay you back immediately you could try agreeing a payment schedule and then documenting it and getting them to sign it. Maybe £50 a week for the next few weeks. That way even if he defaults you will have written evidence of the debt
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Bounced cheques are excellent proof of an intention to receive payment.
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Question Author
thanx ethel thats a huge weight off my mind.i will wait and c if payment materialises nxt week if not i will get firm.thanx 2 every1 else too ;-D
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Question Author
any other ideas?i am tempted to kick off and make threats but i know its not the answer.the person is still being so nice thats the prob and still admits to the debt
any1 got a magic wand lol
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A text is not a legal document
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Question Author
its still written proof and i have bounced cheques
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