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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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I returned my loan of £40,000 to an individual on the 10th

Resolved Question:

I returned my loan of £40,000 to an individual on the 10th of March. The beneficiary of the money claimed that he had still not received the money on the 14th. I have done all necessary checks with my bank and they have received confirmation that the money has been successfully credited into the account on the 12th already.

Is the creditor simply trying to induce a loss on me?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

If the creditor wants to sue you for the recovery of this money he would have to show it is still owing.

You have evidence to show the money was repaid to a bank account in his name. Therefore any claim for the money no longer exists.

Are the bank details you sent the money to, the same ones that the money was paid from?

Kind regards

AJ
Customer: replied 2 years ago.

Yes the bank details are the same one that it was paid from.


 


I have evidence.


 


I believe he might be trying to get me to send it again cause he was pressuring with menaces as a fraud.

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

If he harasses you like that it is actually a criminal offence under s40 of the Administration of Justice Act 1970.

If he chases you again send him a copy of the transfer instruction and send him a letter to say it is illegal to chase someone for money that does not owe it.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Is it illegal for someone to chase money that they don't owe?


 


What's the legislation behind that please?

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Yes it is illegal it is called "unlawful harassment of a debtor". The legislation is S.40 of the Administration of Justice Act 1970.

Depending on how deliberate the actions are this behavior is also potentially fraudulent.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

I believe it was very deliberate as the money is in the account 100% on the 12th already. However debtor says that it is still not there and threatened actions with menaces

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

If he harasses you keep a record and report it to the police.

If he commences proceedings then you have a defence as the money is not actually owing as you have repaid it.

There is no real further action you can take at this stage.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Possibly fraudulent cause he believes his menaces would get me to send again?

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

The fact that he is harassing you is a criminal offence under S.40 as described above.

It is possibly fraud because he is trying to coerce you into paying money that he knows has already been paid.

Kind regards

AJ
Customer: replied 2 years ago.

What do I do to the S.40 clause, could I report it to the police?

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Yes it is a criminal offence to harass someone for money they do not owe.

Make a chronological record of the incidents before going to the police.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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