$10,000 pokies win divides friendship after holiday loan dispute: 'Dog act'
Question
"I borrowed money from a friend for a holiday we were going on together. He agreed I could pay him back over a year. We were at the pub last week and I won $10,000 on the pokies and he was there. Now he's asking me to pay him back in full immediately. I think that's a pretty dog act and could use that money to pay off my credit card. He is now threatening to sue me for the money. He offered because he didn't want to go on the holiday alone. What can I do?" Nate, Queensland.
Response
The agreement between you and your friend is a contract.
Even if the agreement wasn't made in writing, this personal loan is enforceable under the law.
Your friend is the creditor and you are the debtor.
Whether the agreement was written or verbal, the specifics you both agreed upon, such as the repayment period of one year, are key.
Therefore, any text messages, emails, or other forms of communication that outline the terms, will be helpful.
In particular, any correspondence that states how often repayments need to be made and whether your friend can call upon the full payment of the debt within the loan period, will be very useful.
It is important to document all discussions you are having with your friend about the repayment as they will be invaluable if your friend brings legal action.Proposing a revised repayment plan might also be a viable solution.
For instance, you could offer to make a partial lump sum payment now, using a portion of your winnings, and continue with a repayment schedule for the remainder.
This too might assist in maintaining your friendship.
Ultimately if your friend chooses to 'sue' you that would be in the Queensland Civil and Administrative Tribunal (QCAT).
If this occurs, you will be served with a claim document which details the debt, any evidence your friend has to support the claim and details of the amount he is trying to recover.
You will then be required to respond in 'defence' of the claim.
If you don't, QCAT may determine the matter without you and order that you repay the full debt.
You don't need a solicitor to represent you at QCAT and a local community legal centre may be able to provide you with some free advice.
Ultimately, whether you have grounds to avoid repaying the loan in full will turn on what was agreed on when your friend loaned you the money, and what evidence there is to prove this.
This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a solicitor.
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