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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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Hi, my name is***** am a part time Dominatrix and

Resolved Question:

Hi, my name is***** am a part time Dominatrix and regularly use online forums to find a submissive man for a possible dom/sub relationship. Last week I met someone, who at the moment is in India (work/vacation). After various email sand skype conversations I mentioned the fact that I am in the process of publishing my experiences as a Dominatrix and my personal circumstances. he liked this idea and asked me how much I would need to get it published; I had mentioned to him that my financial position is at the moment is not good. I replied Euro 1000. As a German national I want the book published in Germany and had found an author who is willing to help me get it into the correct format and put it online (he had quoted me approx the above amount). The guy (Andy) said he would like to give me the money. Two days ago, he sent me the money via PayPal. I wanted it sent to my step daughter in Germany but PayPal would not accept his payment, so I asked Andy to send it to another Paypal address. He gave me via skype (written) permission. Now a day later, he has googled the Paypal address and found out it is the account pf my still husband. The problem is that my husband was once convicted of Blackmail, I was also accused of this but found in court to be innocent. Andy, now claims that I have scammed him and he is threatening me with the police and one of his friends is apparently in the prison service is checking us out. I am not totally against giving him the money back but if he is going to pursue me/us, then I dont see why I should. I dont feel that I have in anyway scammed him, I never asked for anything in fact I asked him many times, whether he really wants to do this. Please advise me on how you would see the situation; Police etc?.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
As long as you have evidence that he offered you the money to publish the book and you accepted that offer and use the money for that purpose he has no cause for complaint.
Send him a written undertaking that the money will be used for that purpose and only that purpose. If the police come around you will then have a paper trail that he offered you the money, you accepted it and you have acknowledged it for that purpose.
That is your legal position. The other way to do it is to send the money back but as long as you have a paper trail you can establish that the money was sent on a gratuitous basis and, as you say, you should really have to send it back.
From your narrative, no criminal offnce has been committed.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thanks for the reply. Yes, I can show through emails and skype messages that he gave me the money for the book and thats the only reason I accepted it.

I am a bit unsure about "That is your legal position. The other way to do it is to send the money back but as long as you have a paper trail you can establish that the money was sent on a gratuitous basis and, as you say, you should really have to send it back.", are you implying that I should return him the money in any case, or only if I dont have a paper trail ?.

Expert:  JGM replied 2 years ago.
Sorry, that's my bad typing, it should read, "you should really not have to send it back".
Customer: replied 2 years ago.

Thank you for the clarification. I will write an email to Andy tomorrow, explaining that his payment was and is only for the book and will only be used it for that purpose.

He is in his last email, becoming aggressive and threatening "Prison Officer, setting the dogs from hell on me etc. Do you have a suggestion how I could write him; so as to warn him of legal implications if he continues this form of intimidation. Marion

Expert:  JGM replied 2 years ago.
You would have to keep this fairly general and refer to the "legal remedies available to you" being exercised if he continues to threaten and harass you.
The practical problem is that he isn't in the UK and the UK courts have no jurisdiction over him so you could go for the usual orders. However, if a prison officer is his threat, that s not really woth talking of as prison officers have access to very little in the way of records and in any event would be subject to disciplinary action if he abused his position.
The police won't be interested as there's no evidence of a crime.
Customer: replied 2 years ago.

Thanks again, Andy is a UK resident who at the moment is in India for work/vacation but will eventually return to the UK, where he usually resides.

Expert:  JGM replied 2 years ago.
You can sue him the in UK if you have a home address but if he's in India for any length of time papers may have to be served there. You don't say if you have either address. You would need a home address. Papers can't be served by email in this type of case.
Customer: replied 2 years ago.

I do have his address, he googled me, so therefore I googled his email and found his UK residency. I am not really interested in suing him, more warning him of the legal implications and possibilities.

Expert:  JGM replied 2 years ago.
Protection from harassment order at his UK address would be your remedy.
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