NSW Debt - How to Get Money Back from Friend?

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m1604

Member
18 January 2017
2
0
1
I previously lived in NSW with my friend, who urgently needed $1400 to help pay towards a car. I had the money so lent it to him, on the agreement that he had money in a 'saved bank account' that takes 3-4 days to take money from(?).

I went to the bank with him to get the withdrawal organised, and to transfer the money to his account. This payment however took 3 weeks, and by this time, I had left Australia to return to the UK. It was then arranged he would pay me to my UK account, to the amount of £710. However the exchange rate went up (Brexit) and I admitted the increase of $300 was ridiculous and I could wait 3 months to see if the exchange rate returned to a good price.

I have multiple messages with him declaring it is a loan and he would pay it back. However 18 months later, and I still haven't received the money. Admittedly I have been quiet, but consistent asking every month for the money, sometimes with no reply, but lots of excuses (more car expenses, life expenses and hence he had to spend my money).

Now on low wages being behind the bar, I can understand why he doesn't have it spare, but I have offered the option to pay me back the debt over a number of months, and he continually says 'next week/next month'.

As I'm in the UK - is there anything I can do to get this money back?! If so, what would be an estimated cost?

Thanks.
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Hi there,

This sadly is an all too frequent occurrence. If the evidence (text messages) are quite clear that there was a loan and that it was to be paid back to you, then you should have a fairly strong case. I recommend you tell him one more time that you need him to start repaying you otherwise you will take formal proceedings against him.

Your first step is writing a letter of demand and then sending it to him - stating how much he owes, when it is due, and that you will take the matter to court if he doesnt make payment.

If it does go to court, you will need to pay around $300-$600 but this is recoverable from him if you win.
 

m1604

Member
18 January 2017
2
0
1
Hi Hayder,

Thanks for the response!

The messages are clear, on multiple occasions he says sorry for not paying back and I give the amount he has to pay. Unfortunately, I don't know his address anymore as he has moved, but I know his work address, and I still have his Facebook and current mobile number.

Would I be able to use a lawyer from the UK? And if the case does go to court, would I need to be there in person or via Skype?

Plus, is it 100% that he would pay the fees, or is there a chance I may be left with this cost at the end?

Thanks,
Hi there,

This sadly is an all too frequent occurrence. If the evidence (text messages) are quite clear that there was a loan and that it was to be paid back to you, then you should have a fairly strong case. I recommend you tell him one more time that you need him to start repaying you otherwise you will take formal proceedings against him.

Your first step is writing a letter of demand and then sending it to him - stating how much he owes, when it is due, and that you will take the matter to court if he doesnt make payment.

If it does go to court, you will need to pay around $300-$600 but this is recoverable from him if you win.
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Plus, is it 100% that he would pay the fees, or is there a chance I may be left with this cost at the end?

This depends. If he chooses not to pay, has no assets, might be hard to recover. Do you know if he has any assets? Maybe that car still?

You should get an Australian lawyer. I can help you out if you want.