Falsly accused of a loan

Gaz83

jimbo26 wrote: »

I think the OP is saying that the ex has forged a loan document between the couple. ie the ex has lent the money to this woman, and is now claiming she hasn't paid. If this is the case not sure why a debt company would have purchased the debt?

All sounds a bit odd TBH

Do you know, you're absolutely right. I misread the original post - apologies OP.

This is all very strange. Why are a debt company involved between what is (allegedly) a private transaction between two people?

sourcrates

£13.000 plus in fees would be laughable if it were true.

Firstly debt collectors can’t add fees unless the original agreement allows them to do so, secondly £13800 just in fees cannot possiblely be justified.

Sounds like someone’s been playing on there computer hoping she’ll fall for it to me.

jimbo26

OP- What are the details of this 'debt company' out of interest

SnowTiger

nodarrow2 wrote: »

A friend of mine has had a letter from a debt company who have been instructed by her ex that she owes £4000 plus £13800 in their fees. Upon recieving this she instructed her solcitor to engage them.

'See you in court' would be my response.

The ex would have to provide a court with information about where the £4,000 came from and how it was paid to your friend.

I doubt a story about brown envelopes stuffed full of £20 notes would carry much sway.

For an amount like £4,000 I would expect to see it paid from his bank account to your friend's bank account.

£13,800 in fees is laughable. Who does he think he is? Wonga?

AnotherJoe

jimbo26 wrote: »

I think the OP is saying that the ex has forged a loan document between the couple. ie the ex has lent the money to this woman, and is now claiming she hasn't paid. If this is the case not sure why a debt company would have purchased the debt?

All sounds a bit odd TBH

I dont believe thats the case. I think its much more likely the claim is that the couple took out a joint loan with a company, and a private agreement between the couple was that the friend would pay back the ex some proportion of this, maybe half. For example, lets say loan repayment was £100/month and the fake private agreement was that friend would pay half of this to ex each month whilst ex made the whole repayment. Or the false claim might even be that whilst it was joint loan it was really for the friend, and friend would pay back ex the whole amount. Either would explain a company getting involved.

I see no other rational response than reporting to the police and like other posters dont understand why solicitor wouldnt state this also.

All this assumes that the friend is being 100% truthful. But given lack of documentary evidence such as not even first £50 repayment and no money transferred into her bank, she would seem to be well placed. And i suspect there's also no evidence of cash to the value of £4k being taken out of ex's account in one go either (eg if the claim was, ex gave money in cash to friend).

jimbo26

Until the OP returns with more info we are in the dark. In any case if the solicitor can't help there isn't much more we can do. As I said earlier all a bit fishy.

nodarrow2

Thank you everyone for your replies

The company in question is Nightfox - they are a legit debt company though they seem to specialise in company debts they do chase people for personal loans

The loan in question based on the documents they've provided is a loan agreement between her and her ex hes printed off a very formal agreement and theres 2 signitures on the bottom

Thrugelmir

nodarrow2 wrote: »

The loan in question based on the documents they've provided is a loan agreement between her and her ex hes printed off a very formal agreement and theres 2 signitures on the bottom

Tell her to write to Nightfox and say that she never entered into any such agreement. Let them take the matter up with the ex. They haven't bought the debt will be merely acting as agents. If the ex wishes to pursue the matter further let him. The potential legal costs may prove to be a sufficient deterent.

Exodi

Colour me cynical but I have an underlying feeling the OP's 'friend' did agree to this arrangement and is working out whether claiming lack of knowledge would be a viable defense to get the debt struck off else I so no reason why the OP has not acknowledged or already reported this to the police and instead seemed to immediately resort to paying a solicitor. The fees are unbelievable and if even remotely true, indicate the debt has been chased for a very long time - is this really the first your 'friend' has heard of this debt? If it is, that's further evidence for the police as the ex wouldn't be able to provide any other communications between both parties.

nodarrow2

Oh im cynical too and Ive asked her a few times is this absolutly everything


The plan of action Ive given her is to print off all her statements from 2016 showing A - no money entered her account at the time he "borrowed" her this month AND to show that she never sent him £50 on the 28th of every month both of which would indicate a debt, and to send get passport and driving license signitures off to her solicitor then to contact the police and tell him to take it to court.


In my head basically if the above is all correct hes turning up to court with a peice of paper anyone could print off the internet - not witnessed with similar signitures (I could forge my partners signiture easy peasy) with no other proof like statements showing the money leaving his account going into her or her repaying him and that this is just basically a revenge thing because she left him last year (he took it very badly and attempted suicide over the new year

In my head at least any judge looking at this dosent have enough evidence to substantiate that there ever was a loan between them