How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

What are my rights for this current situation? I have a

Customer Question

What are my rights for this current situation?

I have a debt outstanding and the creditor have forced me to return it tomorrow but I do not have the full cash to return it tomorrow. The detail of the loans are supposed to be confidential and bear an interest if it extends further into the loan date.

The creditor keeps making threats to call other people about the debt if it doesn't perform, is the following a breach of confidence and blackmailing.

Also does the creditor have a right to actually choose an arbitrary deadline for the debt?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

do they have a CCJ against you?
Customer: replied 3 years ago.

No they don't.

Expert:  Jo C. replied 3 years ago.
Thank you.

What is the creditor actually doing?
Customer: replied 3 years ago.

Ok creditor have disclosed the details of the debt to a lawyer which we have agreed not to disclose and any late payments would only bear a rate of interest, which is quite high.


 


Then, the creditor have now said that if I dont take action by tomorrow she would be calling my family about the loan and make them pay for me.

Expert:  Jo C. replied 3 years ago.
Have they guaranteed it?
Customer: replied 3 years ago.

Guaranteed what? Sorry

Expert:  Jo C. replied 3 years ago.
The contract?
Customer: replied 3 years ago.

yes.

Expert:  Jo C. replied 3 years ago.
Even within the terms of a nondisclosure agreement, they would be allowed to disclose any terms to their lawyer.

If they are continually pressing you for this money, it is harassment and it becomes a police matter even if you do actually owe it.

They either have to issue legal proceedings against you or leave you alone.

If they are saying that they are going to do something if you do not pay, other than issue legal proceedings of course, that is possibly blackmail which is a police matter.

They are free to choose any deadline for you to pay the debt which is reasonable which could be any period from seven days upwards depending on how long it has been outstanding and what the original terms for repayment were

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

What if the person has disclosed this to their family too?

Expert:  Jo C. replied 3 years ago.
You would have to prove that it was an explicit term of the loan that it was kept confidential and that as a result of the breach of confidentiality to have suffered loss.

A claim like that would not be easy to bring and would not be cheap.

If you have not suffered any financial loss, you actually have nothing to claim for in spite of the breach
Customer: replied 3 years ago.

So can i actually bargain when to return the money?

Expert:  Jo C. replied 3 years ago.
You can bargain the timescale and the amount will be prepared for them to be unreasonable and simply go ahead and issue proceedings while you are trying to bargain.

You would need to get them to agree not to issue proceedings while you try to negotiate
Customer: replied 3 years ago.

What is a good legal paragraph to bargain for a week more?

Expert:  Jo C. replied 3 years ago.
A good start would be to pay what you agree to.
However they are not under a duty to agree to accept anything other than the full amount and they are not under a duty to agree to any delay.
You can tell them that you will agree to pay by a particular date and if they issue proceedings before then, you will raise the issue with the court and ask the court to award costs against them on the basis that you are simply asking for an amount of reasonable extra time.
Customer: replied 3 years ago.

But it is blackmailing if they say if you dont pay by wednesday I will call your family members?

Expert:  Jo C. replied 3 years ago.
You could argue that is demanding money with menaces but I'm afraid that its not likely the police would act as they will say its a civil matter.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Jo C


 


The creditor were making false facts to pressure me to pay off the debt today. What are my rights please?

Customer: replied 3 years ago.

Jo C the creditor went further to say: Since you won't pay off the debt today, you will have to suffer the consequences, saying things like you will have to learn the harsh reality of what's been said would be done. Is this blackmailing or harassment ?

Expert:  Jo C. replied 3 years ago.
I'm just travelling at the moment. I will respond fully as soon as I can.

Thanks for your patience.
Customer: replied 3 years ago.

Could I have your thoguhts please?

Expert:  Jo C. replied 3 years ago.
I think this is harassment certainly, in fact, I think it is almost a threat and I would go to the police immediately.
Customer: replied 3 years ago.

The person is however overseas.

Expert:  Jo C. replied 3 years ago.
Well, that is a problem I'm afraid.
Customer: replied 3 years ago.

Would the UK request extradition for something so small, I guess not?

Expert:  Jo C. replied 3 years ago.
no, I'm afraid not.