Was conned - need to clear £14,000 ASAP!!

file_wizzard

Bossyboots wrote:

I really can't see any criminal offence that has been committed here. The loan wasn't taken out under duress and the OP has admitted he gave the "friend" the money. There is consequently no theft and although there is some mileage in the deception possibility, it will have to be shown that the money was loaned and gifted and if proven it was a loan, that the friend never intended to pay it back.

If the statement made by the O.P is correct then the offence of theft has been committed, S1 (1) theft act, as the other party has committed the act with intention of permanently depriving the OP of her property (money)

there is also the potental that the money was fruduletly obatined, however the o.p has not provided many deatils.


If force or duress was use this would be robbery.

Johnhowell

number25 wrote:

He said he wanted to buy a car that he would then sell...

I took out the loan and transferred the whole amount into his cousins Abbey account from where he withdrew all of it as cash asap - he must be on their cctv as he went with the cousin.... so i do have some proof of actually giving him the money. I have consulted a solicitor and their might be a good case here BUT solicitors charge £100's/ hour in fees and I CAN'T afford that at all as this is not a small claims court case either. I am considering going to the police but I feel all they will say is that this is a civil matter...

Bottom line still is that it was ME who took out this loan for him and hence it's me who is liable, please correct me if i'm wrong and advise of the best method forward from here.

Thanks in advance for all the help.

Pursue the cousin. They may still be in contact with their cousin, your "friend".

All the best of luck,
John

myrnahaz

If you've known him for some time, you should have some idea of who his other friends and family are and where they live - it might be worth visiting some of them (his cousin, for instance) and asking where he is. Maybe you could tell the cousin that he has implicated himself in that it was his bank account the con man used, and that if you can't find his conartist cousin then you'll sue him (the cousin).
Sorry, Johnhowell - I didn't realise I'd duplicated your advice.

AndyR_3

Unfortunatly, Abbey probably won't be interested. They loaned the money to the OP, not his friend, and it's the OP who's duty bound to pay it back.

I don't think CCTV will help, all that proves is that the money was withdrawn, which is not in dispute. The disupte will be (if you can trace the guy) whether the loan was in fact a loan or a gift. Without a signed agreement, it will just be your word against his.

I'm sorry to be the bearer of bad news, but I know of similar cases in the past, and the person who actually borrowed the money from the bank always ends up out of pocket.

What steps have you taken to trace your "friend"? Contacting him may be the best bet, then at least you know for sure what he's done.

Toomuchdebt

I have to agree-Abbey is unlikely to be interested as the OP took out the loan not the friend, and without any kind of agreement that the loan was to be paid back by the friend not the OP then it's unlikely that anyone else will be interested either as the friend if challenged could easily say he thought the money was a gift.

climbgirl

file_wizzard wrote:

If the statement made by the O.P is correct then the offence of theft has been committed, S1 (1) theft act, as the other party has committed the act with intention of permanently depriving the OP of her property (money)

there is also the potental that the money was fruduletly obatined, however the o.p has not provided many deatils.


If force or duress was use this would be robbery.

Yes, but there's no proof. It doesn't matter if the OP is telling the truth (and I believe they are) - without any kind of written contract it's just one person's word against another as to whether it was a gift or a loan. Abbey aren't going to care - the loan is signed in your name and it's you who's responsible for paying it back. What you do with the money or who you give it to is none of their concern.

You might have more luck with the police, although again there's no proof that any theft has actually occurred other than your word. Which I'm sure is true, but you see my point.

You took out a loan in your name and gave it to your mate with a verbal agreement that it was his loan. You've really painted yourself into a corner here....

TTMCMschine

I think the Police will take it seriously & treat it as fraud. How many people would go & obtain a loan (ie have to borrow the money) in order to give it away to someone else?

I get the feeling that the OP isn't painting the whole picture, & perhaps there's a little bit more that they don't want to divulge for personal reasons.

Can't you get legal aid for the solicitors bills?

oscar52

file_wizzard wrote:

You do not have to be under oath to commit perjury, and a criminal prosecution for perjury arising from a civil case is by no means unheard of…….just ask “lord” archer or Jonathan Aitkin

Good point file wizard - It was getting rather late for me last night ...... dont think my brain was working well

GettingThingsDone

Just a nagging thought - is there more to this? Why did the OP wait two months without having gone to either the Abbey/police/CAB/solicitor etc?

Sorry for being overly cynical, just the way I am

Like, why did the money go to the friends cousin's account?

number25

Hi everyone, many thanks for all the replies and suggestions.

Firstly the reason I waited almost two months was because my repayments didn't start until then, he knew this as well, so I thought that he would pay me by then.... This obviously hasn't happened and i can't ignore the facts no more I have been VERY FOOLISH in regards to lending him so much money and my only defence is I NEVER believed for a second he would do this to me - I know that sounds like such a cliche but it is true.

I would like to clear up a misunderstanding and that is that i am aware that it is ME who agreed to take out the loan for him etc. and hence as far as the banks are concerned it's me they expect payment from - yes I have spoken to Abbey and although they are willing to co-operate with any investigation they can't do anything for me with regards to the loan, which I fully accept. As far as the police are concerned I believe 'climbgirl' is right it really is my word against his (if they manage to speak to him). There was no written agreement it was all verbal - oh how stupid of me I KNOW NOW!

I am actively searching for this person and WILL find him sooner or later and 'sheraz2' yes you are correct trusted friends don't disappear - i think i've now established he was NO trusted friend ) And 'jellyang' you are right this is a personal challenge for me now 'I'll get him if it kills me'

Will keep you all posted on my *investigation* but in the meantime what options do I have with regards to this loan I'm now stuck with?