Q: I have given some money (AED 185,000) to my friend for his business. Now, he does not return my money. I didn't have any legal agreements. Can I proceed with a case? A: Maybe you have a couple of emails or text messages confirming the agreement. If you have a witness who can vouch for your story…

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Claiming a loan given to a friend without written agreement

Dear Sir,

I have given some money (AED 185,000) to my friend for his business purpose, almost 18 months before. Now, he does not return my money back.

I didn't have any legal agreements or security cheque. I transferred this amount from my account to his account. Can I proceed with a case?

Please suggest me, Sir.

Thanks

Mohammed Rashid

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Ahmed Elnaggar

Elnaggar & Partners

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10 Sep 2018, 11:05

Dear Mohammed,

I hope my message finds you well.

Can you please clarify for what purpose you sent him the funds? As a loan or as compensation for a share in his business? Based on the actual facts we can advise you.

I believe that the agreement and discussions between you and your friend were mainly verbal, but maybe you have a couple of emails or text messages confirming the agreement.

Or if you have a witness who can vouch for your story that we can build a case with.

We have a successful experience of building a case from A-Z based on electronic communications between lender and borrower who were friends as well as your situation.

Please let me know if you would like to arrange a meeting. You can send me an email through ae@elnaggarlegal.com to book an appointment.

Best regards,

Ahmed Elnaggar

10 Sep 2018, 17:03

Hello Sir,

I have given this money for his business purpose and he promised me he will give me benefits from his business.

I don’t have any share in his business and don’t any electronic witness. I have only a proof that I transfer money from my account to his account in four or five times.

Can I proceed a case against him?

11 Sep 2018, 05:24

No, given the facts and that you have no electronic communication or messages that prove your statement I do not see winning chances.

The transfer itself is not enough to prove the relation and your story because it can be as well justified differently by him as repayment of previous debt or anything else.

So, you have to think again and look in your relationship history of any written evidence or supporting communication to support your story. otherwise, it is going to be very difficult to have a win out of such case.

11 Sep 2018, 06:02

Good morning Sir,

I have cleared your point. I will do one thing that I will make record my conversation with him and I can prove this amount which I transfer as a loan and he wants to return me back.

11 Sep 2018, 06:05

Please, have it done through writing like messages or Whatsapp or emails. Do not make voice recordings.

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