Help! Creditor would rather harrass than let me pay

Mr.Mulla

It looks to me like she is a loan shark. For all the harassments to end it would be best to consult a lawyer to properly deal with the situation. And maybe file charges against her for harassment.

I hope your problem will get resolved soon.

Voyager2002

Some more comments:

Firstly, whether or not this resembles a fairy story, I believe that all of this is real. The Philippines has a long record of people using debt as a means to enslave others, combined with forms of emotional blackmail, and I have heard a number of experiences that are not all that different from this one.

Secondly, while a QC is a senior lawyer, being a QC is not all that special. A QC does not have magical or mysterious powers to get people arrested, nor to make a court rule in a manner that goes against the law. Nor are most QCs celebrities, so I doubt whether most newspapers would be interested in this story. And if loan-shark lady is good for the poor bloke, then better to leave him alone!

As for taking action, there are three key points:
i. The law in England is absolutely in favour of the OP. The debt (or 'debt') is probably not enforceable in the absence of appropriate paperwork, and most certainly the lender cannot legally collect any interest;
ii. The loan-shark is in a position to harm the OP's family abroad, and there does not seem to be any way to protect against this. So the OP needs to find a way to resolve the situation without provoking retaliation against her family;
iii. The laws about libel and slander refer to statements made in public, not to statements made to the police or other law-enforcement bodies when seeking help.

Because of point ii. it would not be sensible to report the loan-shark for her money-lending activities. She would almost certainly be found guilty, but her revenge would not be pretty! A better solution would be to let her know that the OP knows that she has broken the law, and knows how to report her. If anything bad were to happen to her family abroad, a report would follow... (Possibly the QC partner would be a good intermediary for this conversation.)

The loan-shark's behaviour is likely to be considered harassment, and it should be possible to seek help from the police for this.

I do suggest a visit to a body like the CAB before thinking about paying for lawyers. And I would like to say very clearly that the courts and the police in the UK are very different from those in the Philippines.

katerinasol

wasntgoodenough wrote: »

I can't send a cheque because I'm sure she'll say she never got it.

Not sure if anyone mentioned this yet, but she won't be able to say she never got it because presumably she will cash it in and it will show up on your bank account as cashed in.

Voyager2002

katerinasol wrote: »

Not sure if anyone mentioned this yet, but she won't be able to say she never got it because presumably she will cash it in and it will show up on your bank account as cashed in.

True, but if a UK cheque gets paid through a bank in Asia then all sorts of weird things can happen. In any case, it seems that the loan shark does not want the debt to be repaid, but wants the OP to remain under obligation and so give help in various ways as well as making payments. So the loan shark might well fail to cash the cheque.

chesky369

It would have to be a fairly big obligation for £4,000 - nothing the OP has said about his life has given us any reason to think he could give help in any way, let alone various.

wasntgoodenough

Before posting here, I thought my situation was impossible but now I'm starting to see a way out of it. I would have preferred to shock her in court with my various proofs, but now I've decided instead to give her a copy of a document listing the contradictions in her letters and the law re loan sharking.

Thanks in particular to Voyager for the detailed advice. You've got it right about her intentions. I didn't realize how seriously the police take loan sharking before I started this thread. Somehow I just assumed - you file a report, then nothing. Stupid as it may sound, I didn't look up 'loan shark' before as I felt certain it was one of those offences that are very difficult to prove therefore she would never get caught and I would only get into worse trouble. I will also consult the CAB as advised.
The QC is actually a really nice, not in the least snobby guy who probably doesn't know about her having been denying my payments. So "poor bloke" is about right. Even if he sees all the proof against the lady I'm pretty sure he would be too proud to admit them to himself so he is not someone who could everbe an intermediary.
Another poster was right, I was envisioning a trial like in films and I was intimidated. But if it's a straighforward hearing like in Judge Judy that's fine. To the other poster - I don't think the lady will cash the cheque in - she is too full of ideas how to make my family a lifetime source of income. I'm mystified why someone wouldn't drop all to get 4k but Ive realized this to her is more about power and getting attention for being the martyr wailing about all her sufferings because of me. Her sister has already harrassed my mother for money and my mother has paid into the sister's account - the 3rd party account I mentioned before. I have one of the receipts and have to figure out how to get a record of the text msgs.

What a shame I can't report this lady right now.
Thank you all for bearing with my very long posts. This forum has been a lifesaver, thank you so much!