Ask the Bear & Badger
  • Yeah she's really close to snapping up that Switch+Mario Amazon deal....
  • A bit late but this is best heating advice.

  • Hey there y'all - quick Q: I owe a sum of money to someone, I'm paying this person back in instalments as I have done previously. This person is now claiming they will start charging me interest on the outstanding balance.

    Can this person do that? The money I owe has been built up over the last year or so due to shared purchases. I have been paying this person back pretty regularly and have every intention of paying the remainder. My issue is that no interest was mentioned, in fact no formal 'loan' agreement was ever stipulated.

    Thoughts?
  • Fuck knows. Gonz would be your man or try here: 
    https://www.reddit.com/r/LegalAdviceUK/
    Live= sgt pantyfire    PSN= pantyfire
  • Have asked the same on MSE aye. Will check reddit also, cheers.
  • Sounds like a load of bollocks to me. There's no contract after all.
  • cockbeard
    Show networks
    Facebook
    ben.usaf
    Twitter
    @cockbeard
    PSN
    c_ckbeard
    Steam
    cockbeard

    Send message
    Nothey can't, I think that hey actually aren't legally allowed to 'lend' you money. I doubt they have any real recourse when it comes to the courts
    "I spent years thinking Yorke was legit Downs-ish disabled and could only achieve lucidity through song" - Mr B
  • I very much doubt they can amend a contract after the fact. If interest is charged on a loan, it's taxable. So she'll have to declare it as income to HMRC. They won't want to do that, but might pretend tehy will. I'd tell her you'll contact HMRC to inform them of it and arrange for a self assessment form for each of you.
  • Smells of bullshit to me. There would have to be a formal loan agreement up front that made reference to interest payments.

    surely

    g.man
    Come with g if you want to live...
  • acemuzzy
    Show networks
    PSN
    Acemuzzy
    Steam
    Acemuzzy (aka murray200)
    Wii
    3DS - 4613-7291-1486

    Send message
    Is she registered with the FCA? If not she's a userer and has commited a venal sin.
  • Complete bollocks. Without a written agreement this person can't do anything. You can't agree to lend someone money on a zero interest, fixed repayment schedule then decide halfway through that you're going to start charging them interest. Unless this person is in the Mafia and breaks thumbs, then I'd just do what they say.
  • I’d imagine that the shared purchases (if they’re fixtures and fittings) will have depreciated in value. Tell her she’s lucky to get the original amount and not a lower figure based on their depreciation.

    If that fails, declare yourself bankrupt and get her to stew on that for a while.
  • I wouldn't over complicate it.

    Bottom line is if you don't have a piece of paper declaring who owes who what, the conditions including interest, with payment plan and deadline, signed and dated by both parties you don't have a loan agreement.

    You are doing the right thing morally in paying them back but given the lack of documentation they don't have a leg to stand on so it is on your terms.
  • GooberTheHat
    Show networks
    Twitter
    GooberTheHat
    Xbox
    GooberTheHat
    Steam
    GooberTheHat

    Send message
    nick_md wrote:
    Hey there y'all - quick Q: I owe a sum of money to someone, I'm paying this person back in instalments as I have done previously. This person is now claiming they will start charging me interest on the outstanding balance.

    Can this person do that? The money I owe has been built up over the last year or so due to shared purchases. I have been paying this person back pretty regularly and have every intention of paying the remainder. My issue is that no interest was mentioned, in fact no formal 'loan' agreement was ever stipulated.

    Thoughts?


    She hasn't got a leg to stand on mate. You are paying back money which was never formally loaned to you. There is no loan agreement, there is no contract to say you accepted any terms and conditions (the payment of interest being one of them). She is not registered with the financial services ombudsman or whoever else she would be required to in order for her to do that.

    Tell if she want to play that game then you will just stop paying altogether, unless she can show you a contract, see how quickly she shuts up.
  • Thanks all, MSE said basically the same.

    Also appreciate how you all knew 'she' even though I was gender neutral throughout the post :)
  • I don't watch Judge Rinder for nothing.
  • Set up an affordable minimum payment plan, any lender has to offer one.
  • n0face wrote:
    Set up an affordable minimum payment plan, any lender has to offer one.

    Have done, I've given very reasonable intentions (try for £1k per month back to them, minimum £800) but this person is claiming interest etc etc yadda yadda.

    I've already asked for the T&Cs that indicate I'm liable for interest, and have asked if this person will be paying tax on the interest.

    They're just fronting, I'm fairly sure. I'm pretty sure I'd win in a small claims court because I'm not refusing to pay what I owe, I'm refusing to pay interest which has been demanded out of the blue, with no agreement in place stating it necessary.
  • Just text back "lol".
  • It's good advice to imagine each correspondence will be read by a judge, tbh. Stay amicable, as much as possible. Swallow that bile.
  • nick_md wrote:
    It's good advice to imagine each correspondence will be read by a judge, tbh. Stay amicable, as much as possible. Swallow that bile.
    I was going to post something like 'tell her she's lucky she's getting anything' but yeah this sounds like a better idea.
  • Mate I haven't taken the advice plenty of times, it's tough. But it's solid advice given by someone who knows (y)
  • nick_md wrote:
    n0face wrote:
    Set up an affordable minimum payment plan, any lender has to offer one.

    Have done, I've given very reasonable intentions (try for £1k per month back to them, minimum £800) but this person is claiming interest etc etc yadda yadda.

    I've already asked for the T&Cs that indicate I'm liable for interest, and have asked if this person will be paying tax on the interest.

    They're just fronting, I'm fairly sure. I'm pretty sure I'd win in a small claims court because I'm not refusing to pay what I owe, I'm refusing to pay interest which has been demanded out of the blue, with no agreement in place stating it necessary.

    I meant more like £5 a week.
  • nick_md wrote:
    It's good advice to imagine each correspondence will be read by a judge, tbh. Stay amicable, as much as possible. Swallow that bile.
    Yeah, completely ignoring it would be preferable, but if not an option just a simple 'no, that's not the agreement' is probably best.
  • Dark Soldier
    Show networks
    Xbox
    DorkSirjur
    PSN
    DorkSirjur
    Steam
    darkjunglist84

    Send message
    Have you shit through their letterbox yet? Preferably if it has a mesh cover.
  • My shits are far too watery these days mate, it'd look more like someone'd emptied an old radiator on their doorstep.
  • Escape
    Show networks
    Twitter
    Futurscapes
    Xbox
    Futurscape
    PSN
    Futurscape
    Steam
    Futurscape

    Send message
    Preferably if it has a mesh cover.

    The little sweeper fell out of mine the other week and I still haven't reattached it.
  • FranticPea
    Show networks
    Xbox
    FranticPea
    PSN
    FranticPea
    Steam
    FranticPea

    Send message
    nick_md wrote:
    My shits are far too watery these days mate, it'd look more like someone'd emptied an old radiator on their doorstep.

    You could freeze it first.
  • This is all great advice, lads, cheers.
  • Escape
    Show networks
    Twitter
    Futurscapes
    Xbox
    Futurscape
    PSN
    Futurscape
    Steam
    Futurscape

    Send message
    Escape wrote:
    Preferably if it has a mesh cover.
    The little sweeper fell out of mine the other week and I still haven't reattached it.

    Hooray — I've reattached it!

Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!