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Informal Loan

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Gordon88 View Drop Down

Joined: 07/March/2018
Location: Australia
Posts: 1
  Quote Gordon88 Quote  Post ReplyReply Direct Link To This Post Topic: Informal Loan
    Posted: 07/March/2018 at 22:54

I am a 60 year old pensioner, in recipient of the DSP.

Between June and December of 2017 I did some part time work for an acquaintance of mine. During this time, we became friends, and around August of 2017 she loaned me $2500 (so that I could buy a vehicle), with a verbal agreement that I would repay her when I was in a better fiscal situation. I had to stop working for her due to a relapse of my illness.

I have repaid her $800 thus far (which she refuses to acknowledge), and I am unable to repay her any more at this time. I have made it quite clear to her that I will repay her when I'm in a position to do so.

I received an email from her today, demanding immediate payment in full, she wrote, in part....

"I am now in a position where I need to seek the help of the bailiff to sell your car, that I partly paid for, so that I can recoup part of what is owed to me."

My question is this: Can she merely send a bailiff to my home to seize my vehicle or other possessions? Or is there a formal process that she must adhere to?

There was no paperwork involved with the loan, and I did not receive a receipt for the installments that I have paid her.

Any and all information will be greatly appreciated.

Kind regards, Gordon

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 646
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2018 at 10:29
She will need a court order for the Bailiff to act and to get that court order she will need proof of a debt. Without a formal agreement that may be difficult, but your reply to her email may be all the proof she needs.

Take care what you say to her and get some help from a community legal centre before you write anything back to her.

Edited by citizen-joe - 08/March/2018 at 10:30

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