How To Get Back Money Given As Loan ?

[butaidasgupta]

How to get back money given to someone known and not given strictly on legal documents but with some evidence of bank transfer?

[ummmm]

You could try the small claims court but they could argue it was a gift.

[EDDIE51]

With no evidence it was a loan (bank transfers are not evidence) you have no chance. Sorry

[Barmaid]

Nonsense, it depends on the circumstances. I'd write to the party and ask for the money back in the guise of a letter before action and then think about court action if you do not get a response.

[butaidasgupta]

I am also thinking of doing some paper document procedure, may be in form of reminders, letters etc and also I found similar advice in an online law website lawfarm.in they write "Before legal action is taken against a debtor,the claim should be brought to his or her notice to make sure that the debtor is aware of the fact that the debt has not been paid back. A letter should be sent to the debtor containing important details and specifics."

[themas]

Advice I once had from a judge was that if a loan had been made without any specific provisions concerning its repayment then the creditor can demand repayment at any time. It will depend on the judge's view of the evidence - you need to be able to provide sufficient evidence of the loan to satisfy him/her.

Do what Barmaid suggests.

[Peter Pedant]

yeah Barmaid for BA

thx for the input BM
mwah mwah have your checues turned up ?

[EDDIE51]

It would help to know what you have done so far and what happened.
Have you even told them you expect to be repaid and suggested a pay back timetable? From what you say so far they may be thinking it was a gift.