Personal loan,please can someone advise me.

grandma22

Paul_the_Painter wrote: »

OK do the following.

1. RELAX
2. breath in - breath out
3. relax

4. the Debt collection agency can do nothing without a court order.

Their current tactic is to get you to agree and admit to all sorts of things, that they can use aginst you in a subsequent court case.

5. Stop telling them anything.
6. Send nothing to them in writing.

7. When you get the money through to repay your (ex)friend, write (YES WRITE! don't email, text or call WRITE!) to your (ex)friend, and the DCA, and offer what you think is fair, and what you think you borrowed (include some interest if you like) in full and final settlement.

8. Require a signed letter and/or agreement from both the DCA and your ex-friend that the above is in full and final settlement

8. Take no notice of the fact that the DCA will be making charges, that is your friends problem, not yours, you have no contract with the DCA, and seemingly not with your friend.

9. Sign NOTHING.

I am not worried really about the DCA but I am worried about why they are all meeting with the police.
I am grateful for your calm reply,everything I have stated is the truth,strange as that seems to some.

Ben8282

Bravehearted wrote: »

Your entire post is ruined by this. And it is somewhat !!!!!! advice. Why shouldn't she pay if she owes it?

The appalling behaviour of the friend does not invalidate the debt.

I don't agree. If you read through the thread from the begining, you will see that even the amount of the debt is unclear. There was a loan, made without any formal agreeent between two friends, for £6000 to be repaid on a 'when you can' basis sometime in the future and then some 'gifts' apparently amounting to over £7000.

So how much is actually owed anyway? And have any instalments actually been paid ... my impression is that nothing has yet been paid.

There is clearly a dispute between these two individuals which someow needs to be resolved. But, by involving debt collectors in this, the friend has now turned this informal agreement between friends into something else.

I am actually wondering why these debt collectors have taken on the friend as their customer. I mean, if I lent some money to a friend and that friend failed to repay as promised, I can't imagine any reputable debt collection company giving me the time of day if I went in and asked if they could collect the debt for me. Also I really don't think that a debt collection agency would actually write that they have an appointment with the police and a solicitor. I therefore don't believe these letters are genuine or else somebody working for a dca is sending out these letters as a favour for a friend and writing what he is told to write.

Under these circumstances and with this degree of intimidation I feel that making any payment is wrong at this time.

At some time in the future the two sides should meet to sort this out somehow between themselves without involving dca's or police.

Ben8282

grandma22 wrote: »

I am not worried really about the DCA but I am worried about why they are all meeting with the police.
I am grateful for your calm reply,everything I have stated is the truth,strange as that seems to some.

I think Paul The Painter has given you some good advice here.

NOBODY IS MEETING WITH THE POLICE. Please believe me; this is a LIE.

Chrissiew

Once and for all, the police WILL NOT get involved in debt problems, god if they did then there would be no police available to solve crimes! You have got to stop worrying about that as its not going to happen, even if the DCA sent a man round to you saying he is now on his way to the cop shop just laugh in his face and tell him to hurry up, because he would be LYING.

The DCAs only involvement in this situation is the debt you owe, if I read things right you also say they have mentioned that you are now being accused of blackmail, I could be wrong about that though and just misread, but if they have mentioned that to you and they say thats the reason they are meeting with the police, its also bull crap:D They have no right, or reason to talk to you about this, its got F all to do with them, they are not laywers, they cannot go to a meeting with the police saying they are a DCA and want you to get done for blackmail, the police would just tell them to sod off and get on with their proper job.

I know its easy for everyone to say, but you have got to get this police involvement business out of your head, its just not happening, god you owe money to a friend, hopefully an ex friend now:mad: Just think of all the big businesses that give out credit, credit cards HP, loans, if not paying back creditors were a police crime there would be no need for DCAs as they would just report it straight to the police.

pauletruth

even if you were at fault for her loss its her loss so tough. the loan of the other money is a debt. you have agrophobia which means your isolated and she sees you as an easy target. send the dca the prove it letter. just to annoy them tell them your planning to report them the dca to OFT mark it as a complaint and see how they react. again speak to the complaints dep at the police hq. if there was any risk of a complaint if there is a record of abuse against you then it will be handled very diffrently.

Bravehearted_2

Ben8282 wrote: »

I don't agree. If you read through the thread from the begining, you will see that even the amount of the debt is unclear. There was a loan, made without any formal agreeent between two friends, for £6000 to be repaid on a 'when you can' basis sometime in the future and then some 'gifts' apparently amounting to over £7000.

So how much is actually owed anyway? And have any instalments actually been paid ... my impression is that nothing has yet been paid.

There is clearly a dispute between these two individuals which someow needs to be resolved. But, by involving debt collectors in this, the friend has now turned this informal agreement between friends into something else.

I am actually wondering why these debt collectors have taken on the friend as their customer. I mean, if I lent some money to a friend and that friend failed to repay as promised, I can't imagine any reputable debt collection company giving me the time of day if I went in and asked if they could collect the debt for me. Also I really don't think that a debt collection agency would actually write that they have an appointment with the police and a solicitor. I therefore don't believe these letters are genuine or else somebody working for a dca is sending out these letters as a favour for a friend and writing what he is told to write.

Under these circumstances and with this degree of intimidation I feel that making any payment is wrong at this time.

At some time in the future the two sides should meet to sort this out somehow between themselves without involving dca's or police.

What precisely don't you agree with? That because you don't like how your lender is behaving, your debt is null/void?

I did read through the thread and I stand by what I said. The amount owed is irrelevant. That fact that you think someone you owe money to is intimidating doesn't let you off the hook for repayment.

I could argue that the friend hasn't done anything wrong in trying to recoup her money - reporting debtor to police, involving DCA - while it may be a colossal waste of money isn't a crime, so why would that release the OP of her responsibility?

Granted the OP has actually said she intends to pay the money back pending funds becoming available which is the right thing.

What I wholly object to is posters coming on here saying "if someone you owe money to is intimidating you, don't pay & sod them"

DCFC79

grandma22 wrote: »

I am not worried really about the DCA but I am worried about why they are all meeting with the police.
I am grateful for your calm reply,everything I have stated is the truth,strange as that seems to some.

As already mentioned on the first page i cant see the police being involved as its a civil dispute so i think the part about the police and the DCA meeting was cooked up by your friends OH as scare tactics maybe.

DCFC79

bbfc wrote: »

This thread makes as little sense as this one by the same OP...
https://forums.moneysavingexpert.com/discussion/3729773

Id totally forgotten abut that thread,

bbfc

DCFC79 wrote: »

Id totally forgotten abut that thread,

And that thread didn't really come to a conclusion, it just ended after someone mentioned HMRC.

dunstonh

My brother refused when the time came to pay me so my partner and I found another solution and we are now waiting for funds to come in from his pension.

Hopefully, that wasnt by using a pension loan as they have recently been deemed illegal by the high court. HMRC are rubbing their hands together on this one as they can penalise people that used these by 55% tax and insist on your replacing the money or suffer further penalties.