Legal Question in Credit and Debt Law in United Kingdom
Owed money by a friend
I went on holiday with a friend last year and paid for the holiday on my credit card. She has paid me half of her share of the holiday but not the rest. I have asked several times for the money by letter and email but I am ignored and she has not actually spoken to me for over 6 months. She does have some things of mine too, which she has not even attempted to return to me. I just would like to know where I stand as far as getting the money and my property back, as we have nothing in writing between us.
1 Answer from Attorneys
Re: Owed money by a friend
She is not obliged to give you anything unless you had agreed with her beforehand that she would contribute. A contract has to have an intention to create 'legal relations'. If there was an oral agreement, then it needed to be on 'certain' terms - no ambiguity. If you can show that there was this kind of arrangement (which seems likely, as she has paid you some kind of contribution already) then you should be able to enforce it. Regarding your property, you should be able to bring an action against her in conversion (law of torts) to get it back.
I am assuming that you are in the UK. If you are, then you could consider an action in the Small Claims court which is fairly easy to bring and process.
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