Unsavoury money lender problem

Steve964

Good luck with your quest, stay safe, but as ever if no-one does or says anything the thugs win and carry on.

Hi All,
If the filth don’t want to know why not try the local MP get him to do his job and enquire why, the same can be said of local councils and the press also why not try citizens advice why not all of them , surely the more official complaints the better may force the coppers to act with that kind of pressure.

Geoff.

Here’s hoping for a good result and a safe and peaceful future.

I still have not understood why the police can ignore what is going on. Or perhaps as with number of “forum member problem” posts we never get to know all the facts so often are not able to get an overview of the problem. Good luck, anyway….

Please be careful Steve.

May I say thanks for the interest and thoughts/advice added to my thread, I am going to help my friend sort this problem out and get these grubby little crooks of her case.
of course we may then run the risk of further trouble if the law doesn’t control them properly I guess but the option is to continue being squeezed for more cash.
In answer to previous payments being acceptance of the debt, it was as mentioned before done to keep the peace and maintain a degree of safety for her, her home and children.
So once again thanks and I’ll let you know what happens next.

Steve

Jonesy. Maybe she paid while being slammed against the wall with the threat of having her children burnt alive as happened in Bristol a few years back.

If she has made a payment she may have de facto admited liability for the debt, but, if the loan shark has provided no official means to track or record payments…ie a paying-in book etc…then he may be on shaky ground trying to prove the existence of the debt in the first place let alone her payments towards it. If he cant prove the debt exists then this is covered under the Theft Act 1978

“21. Blackmail”. —

(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—
(a)that he has reasonable grounds for making the demand; and
(b)that the use of the menaces is a proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
(3) A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.

If he can prove the debt is owed then he can use the ‘reasonable grounds’ defence, but, then he falls foul of the below:

Administration of Justice Act 1970

“Punishment for unlawful harassment of debtors.”

1. A person commits an offence if, with the object of coercing a person to pay money claimed from the other as a debt due under a contract he:

– harasses the other with demands for payment which, in respect of their frequency, the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or his family or household to alarm, distress or humiliation.
– falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay for it utters a document falsely represented by him to have some official character, or purporting to have some official character which he knows it has not
2. A person may be guilty of an offence by virtue of sub-section (1)(a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

…simple as that. Its just a case of getting someone to enforce the law.

The Police in this country are an absolute joke. The average copper is no better than a circus dog doing what his master says.
Until Those that control them are held to account and face the sack(no easy option of resigning and keeping their pension) nothing will change. If they do not like it rock the boat with Westminster. One idea would be withdraw protection from Politicians and let them see how the rest of us have to cope when threatened or abused.

Chas. As I read it, he was just a boyfriend, not married or a partner, which is a great difference, He could however be done by “Obtaining percunary advantage by deception” and thus by he could be arrested for that, and possibly Fraud, as he would no doubt have forged her signature. It is far more complicated than it appears.
As advised by you guys, regarding my situation, she needs to see a solicitor.
Jim.
Lincoln .7

As described by the OP the woman is an innocent party and is not liable for her boyfriend’s debts.

It is a Criminal Offence to harras a known debtor, which in the eyes of the Law, she is.
My wife has just dumped all the Direct Debits she used to pay, onto me, this means, she had to use my bank sort code, and account number to do it,which is illegal.
I could do something about it, however the Law, states it’s “Just” a domestic dispute, and as such are not interested.
Jim..
Lincoln .7

It’s between her ex and the money lenders. Why was she brought into it? That in itself would be a criminal offence. Extortion…the police certainly aren’t doing their job here.

I would consider a complaint about the police too… As they have failed to do their Job, I would imagine she was driven by fear to pay up… Edgar’s idea is a good one , but she should be able too record on her mobile, rather than buying a tape recorder.

The answers are fine but this poor woman is probably scared witless by these sharks. I feel that the Police need to kick a few doors of their own and sort this PDQ

A small, portable (pocket-sized) tape recorder could be useful, too.

This lady should make a complaint to the Police alleging threats of violence and harassment. If she does open her front door tell her to take some photos – very important.

I have a lady friend who until recently had a rather unpleasant boyfriend. Unknown to her he borrowed a five figure sum of cash from some highly unsavoury characters who were in a position to lend such a sum.

Surely thats his loan ,not hers.I would definitely be onto the police like a ton of bricks ,they are harassing her for no legal reason.It’s her ex boyfriend that needs to be chased up.

Also no paper trail ,no books or receipts ,that works both ways they have to prove she borrowed the money.

Good point; why did she make any repayments?

Difficult to believe that she can be held responsible for a ‘loan’ that she did not take out and that she did not know about; if that is not illegal then I don’t know what is!

If she was threatened that is illegal so the Police should act.

If the ‘loan company’ have lost track of their client…..tough!!!

I’m sure they can produce legal and binding documentation to support their claim…..no???

…well, they can **** off then!!!

I too am surprised by the attitude of the police. Blatantly making demands for a debt for which she had no responsibility and harrying her in the process is surely a police matter.

The other worry is that a phrase in the original post suggests she has made some payments. Why??