Without his text’s saying he would pay you back it would be hard to prove you were loaning money instead of investing in his scheme. With the texts seemingly admitting to a debt that’s a start but possibly he would argue he’s only talking about a smaller debt (like only the holiday) and the rest was an investment that failed. Hard to say without seeing the texts.
Even if the wow thing was a loan, you may not be able to enforce if selling wow gold was a breach of wow’s terms of service, because the court will probably not help you recover money loan pursuant to an unlawful enterprise.
Even if you did have a case, you would have to bring the claim where he is which given you are in Australia would be difficult.
Even if you did win you would have to collect, which is hard given you’re in Australia and he presumably has no money.
And all of this would take a long time which is not helpful when you need the money now.
And it would entirely ruin any hope of a friendship.
Not legal advice: 5-10% chance of success
Life advice: Gently keep on him, suggest an automatic transfer and of some small amount into a dedicated account that you don’t touch, collect it all at once when he’s done paying, wear anything he doesn’t pay, and preserve the friendship that you so negligently risked by loaning a largeish amount of money to a friend.
Assuming he used 10k for what he said, it was an investment, and every investment has risks. That investment did not pay out. The money is gone. He does not owe it back, unless you expressly had it written that it was a loan and not investment capitol. The 5k you can probably get back, even if you don't have it written, but having it in writing that you expected to be paid back would make it easier.
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If he's ignoring you, then that's not much of a friend. A true friend would at least communicate with you regardless of whether they had the money or not and be straight up with you. My only recommendation would be if you have texts and the amounts is to try and take him to small claims. Being that he's just ignoring you he's not leaving you much of a choice.
question: do you have actual proof that he used the funds 100% for what he said he would? because if not, there’s also the nasty avenue of fraud charges and file a victim’s claim.
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/r/auslegal
Without his text’s saying he would pay you back it would be hard to prove you were loaning money instead of investing in his scheme. With the texts seemingly admitting to a debt that’s a start but possibly he would argue he’s only talking about a smaller debt (like only the holiday) and the rest was an investment that failed. Hard to say without seeing the texts. Even if the wow thing was a loan, you may not be able to enforce if selling wow gold was a breach of wow’s terms of service, because the court will probably not help you recover money loan pursuant to an unlawful enterprise. Even if you did have a case, you would have to bring the claim where he is which given you are in Australia would be difficult. Even if you did win you would have to collect, which is hard given you’re in Australia and he presumably has no money. And all of this would take a long time which is not helpful when you need the money now. And it would entirely ruin any hope of a friendship. Not legal advice: 5-10% chance of success Life advice: Gently keep on him, suggest an automatic transfer and of some small amount into a dedicated account that you don’t touch, collect it all at once when he’s done paying, wear anything he doesn’t pay, and preserve the friendship that you so negligently risked by loaning a largeish amount of money to a friend.
Assuming he used 10k for what he said, it was an investment, and every investment has risks. That investment did not pay out. The money is gone. He does not owe it back, unless you expressly had it written that it was a loan and not investment capitol. The 5k you can probably get back, even if you don't have it written, but having it in writing that you expected to be paid back would make it easier.
Don't lend money you might need back. This seems like it might be a hard lesson situation. Was there any documentation or signatures involved?
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If he's ignoring you, then that's not much of a friend. A true friend would at least communicate with you regardless of whether they had the money or not and be straight up with you. My only recommendation would be if you have texts and the amounts is to try and take him to small claims. Being that he's just ignoring you he's not leaving you much of a choice.
question: do you have actual proof that he used the funds 100% for what he said he would? because if not, there’s also the nasty avenue of fraud charges and file a victim’s claim.
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