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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I took out a loan in my Mums name as I was very stressed

Resolved Question:

Hi,
I took out a loan in my Mums name as I was very stressed out as my family where being abusive to me, and racist towards my girlfriend.
My family life has been hell, and I have been having to stay in hotels, and I eventually run out of money.
I took out loans totally £15,000 in my Mums name without her knowing and I have been paying them back ever since.
She agreed, that it is okay I took out the loans and if I continue to pay them back which I have.
She has blackmailed me saying, if I dont stop seeing my girlfriend who is not the same religion as me she would go to the police.
I am in a long term relationship with her, and cannot stop seeing her.
I understand I broke the law, but I did it because of the stressed and depression I am because of my family. They are racist and making my life a living hell because of the decisions I have made with my love life.
My Mum eventually found out I took out the loans, and said it is fine if I continue to repay which I have been ever since.
I feel like they are black milling me now, because I am not stopping seeing my lover they went to the police.
I am really stressed, and fedup with my life. Especially what my family are doing to me. The loans where never used for personal gain for shopping it was just hotels to sleep in because my family have really stressed me out, put my in depression and I couldn't take it anymore. I have repaid every loan and still doing.
Please advise.
Thanks You
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
I have not taken then loans to steal money, I did it because my family where abusive towards me. I have been hit by them at one point out of anger, they lock the door when I am in the house. This all started because the girlfriend I am with is mixed race, and christian and not same race or color with me.
Expert:  Jo C. replied 1 year ago.
Ok. So what would you like to know about this please?
Customer: replied 1 year ago.
I want to know if my mum has agreeded I repay the loans I took in her name and I have. Can she go to the police?
Customer: replied 1 year ago.
Is this a cival or law matter? What can the police do?
Expert:  Jo C. replied 1 year ago.
Well, she could. The fact that you are repaying does not do anything about the substantive offence. If you took out a loan without her permission then that is fraud. The fact that you are repaying might affect their willingness to prosecute but not the underpinning law.It is not really anything more complicated than that. She could make a report to the police.It is quite unlikely that she would though because that would lead to you no longer paying which doesn’t assist her.Can I clarify anything for you?
Customer: replied 1 year ago.
However if she reports me, she'd not be liable for the loan?
Expert:  Jo C. replied 1 year ago.
that is true but it would be fatal from the point of if her credit rating.
Customer: replied 1 year ago.
I'm really stressed out about this. What is the maximum penalty I can get? I have never been in trouble with law before I am just stressed out depressed because of all of this. I also work with young people 18-24 in gangs changing there life's for the better. I am a good person, can't believe this is happening to me!
Expert:  Jo C. replied 1 year ago.
I wouldn't focus on the maximum penalty. You will not get the maximum penalty. Nobody really does.The police might even give you a caution in all the circumstances.
Customer: replied 1 year ago.
Okay. What is the procedure now? The police know of what has happened, also the loan companies. What happens now in your opinion?
Expert:  Jo C. replied 1 year ago.
How do they know?
Customer: replied 1 year ago.
My Mum told both the loan companies and the police, even though I have been paying for the loans since I took them out.
Customer: replied 1 year ago.
She says she doesn't trust me to repay the loans, and does not want to be liable for them. I said to her I have not missed a payment, and we had an agreement that id pay her monthly until settled.
Expert:  Jo C. replied 1 year ago.
Have the police made efforts to arrest you?
Customer: replied 1 year ago.
No they have not been in contact with me as of yet. I am not too sure of the procedure? Do I go straight to jail, will I go to court? Will it dealt with outside of court? Do I need a lawyer now?
Expert:  Jo C. replied 1 year ago.
If they haven't been in contact then do nothing. She is probably being untruthful when she says she has reported it. They would have investigated if she had.
Customer: replied 1 year ago.
What do I do when they get in contact? She has she sent me pictures when she was at the police station. My phone has been turned off as I am too scared to speak to them, or I dont know what to say. She also showed me an email from the police stating a reference number. Etc. I know she has gone to the police now.If they have not contacted me, doesn't that mean they could be investigating?
Expert:  Jo C. replied 1 year ago.
If they do make contact then just make an appointment to attend voluntarily. There is no way around it at that time.If you aren't answering your phone then it is possible they are trying to get into contact with you.
Customer: replied 1 year ago.
Would they not leave a voice mail? If I attend what do I say? Should I take a lawyer with me?
Expert:  Jo C. replied 1 year ago.
Maybe. It depends. Yes take a lawyer or use the duty solicitor
Customer: replied 1 year ago.
My mum has said the loan companies have asked for a legal agreement between me and my mum to state I will repay the loans, and put in the agreement my mum did not take the loans and I did. If this is does they will not prosecute. Should I do this, or is she trying to get what I did in writing?
Expert:  Jo C. replied 1 year ago.
How does she know they won't prosecuted?I'm happy to continue with this but please rate my answer.
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Customer: replied 1 year ago.
Because they said, all they want is there money?
Customer: replied 1 year ago.
I think because they said it will be left as a civil matter?
Expert:  Jo C. replied 1 year ago.
She doesn't have control over the actions of the police. She is talking nonsense.if she didn't want it prosecuted then she shouldn't have reported it.