Falsly accused of a loan

Gaz83

nodarrow2 wrote: »

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.

This doesn't really prove anything. He could have given her cash.

Thrugelmir

Exodi wrote: »

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.

Innocent until proved guilty. One always assumes there's critical facts missing when responding to posts. Either the thread will die a natural death. Or further information will progressively dribble out.

nodarrow2

"This doesn't really prove anything. He could have given her cash."


True but if I goto court and say XX gave me cash and I want it back they arent going to award me it without proof or reasonable belief i.e with repayments or some form of statement.

He does have this document that allegedly signed by both parties but theres no witness to it and no follow up on it for 2 years and they were in a relationship for a year and a half after this document is dated


happy to keep the thread updated as it pans out as I appreciate the help

Shakin_Steve

Gaz83 wrote: »

This doesn't really prove anything. He could have given her cash.

And how, exactly, would he prove that? If we're into the business of proof, it works both ways.

spadoosh

Shakin_Steve wrote: »

And how, exactly, would he prove that? If we're into the business of proof, it works both ways.

A £4000 cash withdrawal on or close to the date the agreement would be the first thing to look for.

Id assume if its £4k loan from a partner its for somethign more than day to day living, ie to consolidate debt etc. Somethign showing these accounts being settled without counter payments from the OPs friends bank account would suggest money has dissappeared to nowhere and appeared from nowhere too. Youd assume they where linked.

This should be easily proved either way.

dealer_wins

Based on nothing other than MSE threads of past, whenever a "friend" posts on behalf of someone, then they are guilty lol

sourcrates

Again, can I ask which debt collection company have they engaged ?

Thrugelmir

sourcrates wrote: »

Again, can I ask which debt collection company have they engaged ?

Posted above

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

SnowTiger

nodarrow2 wrote: »

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

It seems to be quite a new company - two years old at the most I'd say.

The text on its website appears to have been written by a two year old:

Any client hearings are carried out by a firm of solicitors that are regulated by the SRA we are not, Nor are we required to be regulated by the law society or the SRA. we are not solicitors, a firm of solicitors, nor do we purport to be a firm of solicitors

And:

Nightfox assess each and every case before taking you on as a client making sure we fully understand your debt, we will not waste our time and your money chasing deceased or imprisoned debtors. One of our first objectives is to open lines to communication with your debtor, normally this is what our clients have lost, this is usually because the debtor is usually prioritising other creditors and not you, we at Nightfox make sure you are the first on your debtors mind in a morning and the last thing at night. Those that shout the loudest get paid first.

Loving the nagging pop up messages and scary promotional video. Tonight I will either have nightmares or watch Harry Potter.

Website also contains lots of unsettling pictures, including one of a tough looking guy sporting a Nightfox logo on his T shirt. I guess debt collection work doesn't pay well because he also does modelling, with pictures of him featured on a stock image website: studio shot handsome bald man.

The five addresses on its website turn out to be accommodation addresses.

It's VAT number (289 684 918) appears to be invalid.

It claims to be 'authorised and regulated by the Ministry of Justice in respect of debt management activities.' I can't find a MoJ registry to confirm that. I thought debt collectors had to be authoried by the FCA, as mentioned on their website.

My guess: Nightfox Investigations and Debt Recovery Ltd is little more than a one-man-band operation, charging punters £395+VAT for sending out threatening letters, badly written on headed note paper.

The ex could have started a MCOL claim for a bit more dosh, or less if he wasn't trying to inflate his claim.

Another guess: he's very bitter, but not stupid enough to go to court with a fake document to back up a false claim.

nodarrow2

quick update

The Solicitor has said that her passport signature and the one on the agreement look very similar and finally asked if she ever started repaying this alleged loan or if she can get hold of statements to show she never took this loan from him nor that she was repaying an alleged loan and has advised her to report this to the Police,


Shes getting the statements together and going to account for anything that went into or out of her account from him and will be going to the Police