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QLD Personal Loan to Friend Via Facebook Messages - Small Claims Court?

Discussion in 'Debt and Bankruptcy Law Forum' started by Crunch, 29 April 2016.

  1. Crunch

    Crunch Member

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    So a friend that I have lent money to in the past and paid me back, asked if they could borrow some again, and would pay interest. He said multiple times that he would definitely pay me back. After the initial term, he offered to pay me back but would like to roll it over for another, and I agreed. Then another, and I said that was the final. Then excuses came.

    This was all discussed via Facebook messages, outlining interest rates, dates, time frames, etc. Is that useful?

    Over the last year, he has come up with excuses as to why he is late and has again said he will pay me back. At one stage, he did pay me some and then in March, he agreed to a fortnightly payment plan for the remaining amount, but I received no payments.

    Now he is avoiding me. He has set up a new business and says he is too busy to reply and has apparently taken a $500k bank loan to do so.

    The amount owing is about $25k now, but I would be happy for only $20k or maybe less.

    Are Facebook messages enough for small claims court? Would small claims court be my best bet at reclaiming the personal loan with interest involved, or do they only do fixed amounts?

    Any help would be appreciated. Or questions if I haven't been clear about anything.

    Thanks in advance.
     
  2. Crunch

    Crunch Member

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    Can anyone shed any light on this for me? I would be so grateful - I'm really stuck!

    What I'd like to know is:
    1. Will Facebook messages be considered by QTAC? Surely they are considered the same as email or SMS?
    2. Is this something I should consider taking to QTAC? - I am worried about the fact that there is interest involved.. QTAC considers a debt dispute to be "a fixed or agreed sum of money..." This is not really "fixed" but it is agreed... *Debt disputes - QCAT Queensland Civil and Administrative Tribunal
    3. He is avoiding my calls and has moved addresses, but I do know his business address (he is hardly ever there, but other family members work there too). If I have to send a final demand letter, is his business address ok?
    Please, if anyone can give me any tips or info I would be so grateful. I have scoured this forum, and the net, but I can't find anything specific to the above questions..
     
  3. Sophea

    Sophea Well-Known Member

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    Hi Crunch,

    1. any written evidence of the loan and the terms of the loan will be useful. You can also provide evidence of repayments etc as further evidence of the loan.

    2. Yes QCAT debt disputes will cover it, fixed amount just refers to the fact that it is an agreed amount, not an unliquidated or unspecified amount of damages which the court has to decide. Debts are considered liquidated or fixed amounts for this purpose.

    3. Yes contact him with a demand letter any way that you can. I would send a formal letter of demand, which states that you are demanding immediate payment of the full amount of the loan and if he does not do so by x date then you will be instituting legal proceedings in QCAT.
     
  4. Crunch

    Crunch Member

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    Thank you so much Sophea. I really do appreciate your advice.
     

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