What would you do if..................................................

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Crystalbank_stud

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you'd lent a so called friend £1000 to buy a miniature pony that she really wanted and then after some weeks she refused to pay the money back?

Facts:
Stud will act as witness that I bought the pony for her.
I have the pony's passport here.
I don't really want to go and take the pony as I have enough here without one more.
I have a full paper trail of this incident and also the email she wrote telling me she was going to say she would deny me lending the money and say she was just looking after the pony for me!

I am happy to go down the court route as it can all be done on line and they will go after her for court costs, but just wanted to see what you all thought.
 
i'd try to sit down calmly with her and see why she's doing this. if she's cash-strapped, will she pay in instalments. or...
will the stud have the pony back for similar price? if so, go and reclaim your property and return it to the stud.
(after a few almost-bitter experiences, i have decided that lending money is definitely for Banks only.) i sympathise.
 
"Stud will act as witness that I bought the pony for her.
I have the pony's passport here."

Its your pony. Friend either returns it to you or pays you via SCC.
 
Agreed Spaniel, but I guess with all these things you just want to be dead sure and I guess I'm searching for something I haven't though of.

Am preparing the statement for the court papers and trying to make sure I miss nothing off. Not sure if I should do it online as you cannot attach any documents so maybe worth dropping it into the local county court along with all supporting evidence.
 
They are very helpful at the county courts, I have had to take various people to court for non payment for goods etc, it is not as daunting as you think and all the evidence is in your favour, however, if you chase someone who hasn't got the means to pay for it then it can be hard to get the money out of them without a struggle. I would take the pony back and either return it to the stud it came from for the money if they will refund you the whole amount or take what they offer if it is a reasonable amount and chase your "friend" through the small claims court for the rest.
If you have the email saying she was going to deny that you lent her the money make sure you keep a copy of the header of the e mail (ie the source) as some people will claim you have altered the email or claim not to have sent it and the header will show exactly which computer/server it came from and the original content so they can't lie their way out of it, it's happened to me too that's how I know!
Lastly, I believe but am not 100% sure so DO check first that possession is nine tenths of the law so, if she has the pony she may legally be able to stop you from taking him back if you turn up for him, I would make sure she is not around when you go to pick him up!

Good luck, Oz
smile.gif
 
Thanks Oz.

The stud are full to bursting so cannot take him back which is fair enough as I know the owner would help me out wherever she could.

Am I able to take the pony back and still chase the debt do you know? I'm going to speak to the farmer who owns the land and explain what is going on. Hopefully he will then let me in!

I will keep all my emails Oz and anything else that is needed. Many thanks for your help...............although I shouldn't need to be doing this when I lend money to a so called friend!
 
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Am I able to take the pony back and still chase the debt do you know?

[/ QUOTE ]
No. If you have the 'goods' there is no 'debt'
 
I would recommend that you take posession of the pony asap. Going to SCC is all very well but it is no guarantee of payment. If your 'friend' doesn't respond to the court papers (as is often the case) then her failure to respond is considered as an admission and it will be decided in your favour BUT although she will be sent a County Court Judgement ordering her to pay, it is no guarantee that she will and it will then be down to you to get it enforced. It can be a fairly pointless procedure, particularly if you don't think she has the money to pay, and she could end up offering to pay you by ridiculously small installments if she can prove low income.
frown.gif

I would think it is worth trying to resolve this yourself by talking to her sensibly about it and if that fails I would demand return of the pony and sell it (to a good home obviously) to recoup your money.
 
I was in a similar position about 5 years ago with two youngsters that a friend wanted to start buying and selling with so I lent her the start up costs of £1500, yep she wouldn't pay back so ended up in small claims court, thankfully I had copies of all paperwork and letters that I had sent to her asking for money back and her replies. It took 4 months to get to court and she was given 48 hours to pay me back the money she owed, she paid up and we still see each other as friends but nowhere near as close as we were before.
 
small claims, but take pony back in meantime as security unti you get your money. Hope it's well bred for that sort of money! - minis are not selling very well at the moment, even at the top end.......
 
Some friend!

Agree with the others but can I ask you to make sure you make copies of every bit of paper you send to the courts. Before you make your copies though also remember to date, number and sign each page, you can never be too careful so you need to make sure you have taken every care that you can.

Just a thought but if you take the pony back, what about the keep money before she pays you (if she does) don't know whether you would be able to claim those costs as it was almost forced on you to take that step? On the other hand you could leave the pony where it is until she pays you but, it might be better to get the pony because it's so easy to get a passport she could still sell it and then you'd have no chance of getting it or your money back at all.

Good luck, let us know how it goes.
 
Thanks all.

Ideally I'd like to take the pony back in as yes...................it is very well bred and from what I gather, not being looked after. Selling is going to be really difficult right now hence my not really wanting to take the pony and sell it.

I am still unsure that I can take the pony back and chase the debt, however I do have an email from her threatening to sell so I could say that I took him back to stop her disposing of it.

I really need to know for sure though if I can take the pony back and still chase the debt. From the things I've heard this person owes money everywhere.....................trust me to only find out now! I feel I should pursue this to stop her doing these things and to teach her that she cannot go round extracting money and not paying it back.

Thanks for your comments so far guys, it's very much appreciated.
 
I agree, get the pony back and put it up for sale straight away. It will be the quickest way to get your money back, and you can ensure it goes somewhere where it will be looked after.
 
Oh my what a friend you have there NOT...you need to get the pony back NOW.

She could easily get another passport & sell it on and pocket that money as well. Then she has £1k profit for no outlay and you are seriously out of pocket.

I'm so sorry to hear you have all this stress & I hope all goes well for you.
 
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