We never wrote anything down. Is it hopeless?

No. Oral loan agreements are enforceable, and very few personal loans between friends or family have formal paperwork. The court reconstructs what was agreed from the surrounding evidence — the transfer, the messages, the conduct of both sides afterwards. A payment reference and a handful of texts are often enough.

I lent cash, so there's no bank record. Can I still claim?

You can, but the evidential job is harder — you need to establish both that the money moved and that it was a loan. Messages arranging the handover, a withdrawal on your statement matching the amount and date, witnesses, and any part-repayments all help. The court decides on the balance of probabilities, not beyond doubt.

They've been paying odd amounts back now and then. Does that hurt my claim?

It helps it, twice over. Part-repayments are strong evidence the money was a loan rather than a gift, and a part-payment can restart the six-year limitation clock under section 29 of the Limitation Act 1980. Keep a record of every payment received and reflect them accurately in the balance you claim.

The borrower is my ex-partner. Is that different?

The same contract principles apply, but money moved during a relationship attracts more genuine ambiguity — courts know couples routinely support each other without expecting repayment. Contemporaneous evidence that repayment was discussed matters even more here, and if the money relates to a shared home, the dispute may raise property questions that go beyond a simple debt claim.

Can I add interest to what they owe me?

Usually yes. Unless you agreed a rate at the time, you can ask for statutory interest under section 69 of the County Courts Act 1984, normally at 8% a year from when the debt became repayable, calculated to the date of judgment. You claim it as part of the online claim form — it is not added automatically.

Will suing them end the friendship?

That is a real cost, and only you can weigh it. What the process offers is a series of exits short of a courtroom: the written demand, the letter before claim, and free mediation all resolve many of these disputes privately. A large share of personal debt claims settle once the borrower sees the claim is documented and serious.

Start My Claim

I Lent Someone Money and They Won't Pay It Back. Can I Take Them to Court?

Lent money to a friend or family member who won't pay it back? You can claim in small claims court without a written agreement. How to pr…