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Loan / criminal conviction

2

Comments

  • miss_hh
    miss_hh Posts: 194 Forumite
    boobies wrote: »
    So you have changed in "strength" but you are still unwilling to pay your debts? Excellent example to the children. A few pounds a week is not going to cause you hardship.

    My debt in name only. You are hardly in a position to know what would cause me extra hardship. A few pounds a week might not be much to you but it is a lot to me.

    Also, I am a great example to my children. They know the difference between right and wrong.

    Moving on......Yes it may be morally right of me to pay this loan back, but is there a legal right for me to do so given the time scale that has elapsed?
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    Yes it may be morally right of me to pay this loan back, but is there a legal right for me to do so given the time scale that has elapsed?

    Given the duress you were under at the time, I'm not at all sure you have a moral obligation to pay the money back. That is arguable and for you to decide. From what you have told us, you wouldn't appear to have a legal obligation either, if the loan is indeed now statute barred.
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  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    Just pay them £10 a week. Karma will then smile on you rather than frown.
  • miss_hh
    miss_hh Posts: 194 Forumite
    Thank you for your advice iolanthe07. I checked my records and I took the loan out in 1997 and subsequently convicted in 1999. So I have had no contact with them since this date. Is it legal for them to hound my friends and family looking for me? Should I contact them and ask them not to contact my friends/family?

    Re: moral issue - anyone that knows me and knows about this situation are all in agreement that I should not pay this loan back. I was controlled and in a violent relationship with this man for 13 years. When I finally grew strong enough to leave him, the violence escalated to fact that now he is in prison for attempted murder. I am not prepared to suffer any longer. Yes if I won the lotto I would pay it back first thing. I feel I have paid my dues to society with the last 5 years of voluntary work I have done to help other women/families suffering from abuse also.
  • miss_hh
    miss_hh Posts: 194 Forumite
    boobies wrote: »
    You refuse to pay your debts, and the debt is yours, whether you spent the money or not. You clearly do not know the difference between right and wrong.

    Once a criminal ...

    There were plenty of extenuating circumstances regarding this offence. The police and the courts knew that It was not me who filled in any of the forms, I only signed them. But as I would not tell them any difference to whom had filled the forms in then they had no alternative but to convict me.

    Unless you have been a victim of domestic violence you will not understand. His punishment would have been far worse than anything a court could have done. I was 18 at the time and he was 15 years older. He manipulated me. Yes what I did was wrong. Judge me if you like but I do believe that I have more than made up for what I have done with my numerous hours of voluntary work over the years.
  • Miss hh this is just my opinion but I dont think you should pay the loan back for the following reasons;

    - You did not have the money, you were manipulated into borrowing it by someone else. HE is morally responsible for paying it back
    - It was too long ago; if they wanted to pursue it they should have done it 14 years ago
    - You can't afford to repay it!

    Like you say, if you ever come into some money you should pay it back. But really it's just an unfortunate situation for both you and the lender and unfortunately then lender will lose out because you cant afford to.

    You've been punished enough x
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  • iolanthe07 wrote: »
    Providing you have not acknowledged the debt or paid anything towards it for six years (five in Scotland) and no CCJ has been made, the debt will be Statute Barred. They can chase you for it, but they cannot persue it through the courts.

    This applies to civil cases - OP's case is not a civil but a criminal one.

    As those recent claims for looted Nazi treasures have shown, you can go for ever and ever after property, which has been taken from you illegally. Whether the Credit Union would actually sue the (penny-less) OP for the return of illegally acquired assets is another matter.

    It might be a good idea for the OP to co-operate with the claimant and show her financial circumstances.
  • pauletruth
    pauletruth Posts: 1,133 Forumite
    did the criminal court order you to repay the money. if not then its just a debt like any other. its status barred and they should drop it once informed. however if a compassation order was made then you may need to pay it back. your defence did not work at your trial so don't rely on it now.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    edited 25 February 2012 at 9:43PM
    in fraud they have 6 years from when they discovered the fraud to bring a claim through the courts to recover the debt. when that 6 years is up without acknowledgement or paymnet the debt is statute barred.
  • prosaver
    prosaver Posts: 7,026 Forumite
    Part of the Furniture Combo Breaker
    as judge judy says
    didnt you use it to decorate the house.
    pay up or go to jail...thats life........ case closed!
    an easeir way is you can agree to pay the loan 10 a week like someone said.. at least its something...
    be a man (women) about it
    “Life isn't about finding yourself. Life is about creating yourself.”
    ― George Bernard Shaw
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