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Cheated!

ldsrs
ldsrs Posts: 3 Newbie
edited 17 February 2010 at 9:02PM in Debt-free wannabe
A few years ago, unknown to me, my husband loaned £40,000 to a 'friend' with borrowed money (friend supposed to invest it in a business). He ran off with the money. Husband confessed to me what he'd done. :( We took 'friend' to court in Germany and won the case; he then appealed, but we won the case again. He then went 'underground' somewhere in Germany. Now we're paying it all back (along with a debt my husband already had). It seems unfair that we're having to pay this criminal's debts.
Any advice? Day to day living is very tough.

By the way, it cost us near £5,000 extra to take him to court and appeal

Comments

  • :grouphug:heres a hug, i feel for you i expect someone will be along with some wise words
    :j
  • Hey, thanks for your sympathy. :smileyhea
  • vaporate
    vaporate Posts: 1,955 Forumite
    Didn't want to read and run.

    My opinion:

    The fact that your husband gave the money to someone will never hold up in court as the person, criminal, who took the money will say it was a gift. No signed agreement ect.

    I know it is not what you want to hear. It is for these very reasons that I would never lend to anyone, even if they were stranded.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • savingmummy
    savingmummy Posts: 2,915 Forumite
    Debt-free and Proud!
    I`m so sorry this happened to you :(

    The debt you are paying off, Was it in your husbands name or the `friends`?

    As he is untraceable i have no advise, is your solicitor still involved? what has they advised?
    DebtFree FEB 2010!
    Slight blip in 2013 - Debtfree Aug 2014 :j

    Savings £132/£1000.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,787 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could you try and trace him through a private detective
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Poosmate
    Poosmate Posts: 3,126 Forumite
    vaporate wrote: »
    Didn't want to read and run.

    My opinion:

    The fact that your husband gave the money to someone will never hold up in court as the person, criminal, who took the money will say it was a gift. No signed agreement ect.

    I know it is not what you want to hear. It is for these very reasons that I would never lend to anyone, even if they were stranded.

    Did you stop reading after the first two lines?

    They took the crim to court in Germany - and WON!

    The crim appealed and they WON that too.

    Now the crim has done a disappearing act!

    Sorry Ids can't really add any more than what's already been said except, does your husband have any friends in common with this bloke? If so does the other friend know what's happened and would they possibly know where this crim has gone to? Had the crim ever spoken of any places in Germany before? I'm just wondering why he fled to Germany, has he got history there? Family? Friends?

    Hope you catch up with him one day.

    Poo
    One of Mike's Mob, Street Found Money £1.66, Non Sealed Pot (5p,2p,1p)£6.82? (£0 banked), Online Opinions 5/50pts, Piggy points 15, Ipsos 3930pts (£25+), Valued Opinions £12.85, MutualPoints 1786, Slicethepie £0.12, Toluna 7870pts, DFD Computer says NO!
  • vaporate
    vaporate Posts: 1,955 Forumite
    Poosmate wrote: »
    Did you stop reading after the first two lines?

    They took the crim to court in Germany - and WON!

    The crim appealed and they WON that too.

    Now the crim has done a disappearing act!

    Sorry Ids can't really add any more than what's already been said except, does your husband have any friends in common with this bloke? If so does the other friend know what's happened and would they possibly know where this crim has gone to? Had the crim ever spoken of any places in Germany before? I'm just wondering why he fled to Germany, has he got history there? Family? Friends?

    Hope you catch up with him one day.

    Poo


    I know that...

    Won what exactly? Considering no contract was signed I'm surprised they won at all, no offence to the Op as this clearly is a sickening act towards the op.

    I stick with my previous post
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • He lives in Germany - married to a German woman. The guy did the same to several others, although we're the only ones who took him to court. Yes, we used a solicitor - had to be German and able to communicate reasonably well in English. Even though I have a degree in German, judicial language too hard for me to cope with. We have several German friends who are fluent in English and who helped. As you can imagine, the solicitor's fees were pretty high.
  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    The guy did the same to several others,

    If the friend is a criminal have you all made complaints to the German Police?
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    edited 18 February 2010 at 1:16AM
    Don't know if there's a way to enforce the debt through the courts by getting the equivalent of a charging order on any assets or arrestment of his wages, but something like that would be worth looking at.

    There was new legislation (i've not looked at it) that makes it easier to pursue indiciduals in other EU countries for debt. Will try to find out what that was.

    Edit: European Order for Payment
    http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l16023_en.htm

    You may need to get legal advice on this or ask on a forum such as lealbeagles or consumeractiongroup. I'm afraid i know nothing of this or how it is enforced.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
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