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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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I have unwisely given a lot of money over the past six months

Customer Question

I have unwisely given a lot of money over the past six months to someone who i thought needed help, i now need that money back .I've also discovered that the sob story was untrue and they could have asked others much closer to them for help. i gave this money freely however it was i was made to feel incredibly sorry for this person when there was no need to. they are living in london at the moment are in the process of 1. setting up a business and 2. applying for a green card to live in america.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Was this money given as a loan or a gift please?
Customer: replied 2 years ago.

on my bank transfers it is stated as loan each time

Expert:  Jo C. replied 2 years ago.
Yes, but what was it really?

Also, are you in the States?
Customer: replied 2 years ago.
Yes it was really , he is not in the states he is applying for his visa at the moment , I will be moving there soon . The dispute is simple , I lined money in order to help someone I hardly knew I've now known them a little less than 10 months, it amounts to a huge sum that no one can imagine just handing over stupidly I did , I beloved that the person in question was desperate , that now turns out to be a lie I can accept that I may never retrieve the sum of money back but would be even more upset if at a later date I realised there was a way I could .
Expert:  Jo C. replied 2 years ago.
No, its not that simple I'm afraid.

What was the repayment arrangement?
Customer: replied 2 years ago.

there wasnt one, nothing was in writing and all monies were deposited into his account from mine with the ref as loan, at the time i understood that he had no money and was in dire need of help, i now know this was untrue. im prepared to walk away but he will do this again to someone else and having gone through the pain and realisation that ive been conned i feel it would be wrong to allow him to get away with this.


perhaps there is nothing to be done about the situation and the money will never be recovered ,that is a hardship but to see him get away with this is even more so.

Expert:  Jo C. replied 2 years ago.
Thanks.

The fact that he got the money on false pretences does not mean you can reclaim it I'm afraid. Whether he lied or not to get this money does not change the contract.

However, if you agreed that this was a loan then you are entitled to be repaid. It seems clear that this was not a gift.

You can issue here

www.moneyclaim.gov.uk

but you will need a UK address for him and I'm not clear whether or not you are saying that he will not be here soon.

You can also complain to the police if he did defraud you as that is fraud.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

Dear jo,


thank you, XXXXX XXXXX better than i had hoped , are you saying that even if i have nothing in writing the fact that my bank statements refrence these payments as loan is enough to try and make a claim ? he has an address in the uk as that was the first loan i made to him which was to pay for a years rent on an apartment in london as he was about to be made homeless, also if i chose to report him to the police for fraud what would they be able to do ?


 

Expert:  Jo C. replied 2 years ago.
There's no difficulty with having nothing in writing. Most loans are not reduced to writing.

The fact of the transfer would tend to suggest it was a loan. Obviously it may be that he will say its a loan not a gift but I'm not sure the court would accept that.

the police may or may not become involved. It is fraud on the basis of what you say. They may say its a civil matter though. If he is abroad they will certainly not pursue it. However, its free to do so it might be worth a report.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you jo, its been very helpful, i will follow your advice and 1. report him to the police 2. make a claim against him.


fingers crossed.


michael.

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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