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    • Sophiechatters
    • By Sophiechatters 15th Apr 19, 6:14 PM
    • 6Posts
    • 9Thanks
    Sophiechatters
    Help needed - money claim from creditor and harassment
    • #1
    • 15th Apr 19, 6:14 PM
    Help needed - money claim from creditor and harassment 15th Apr 19 at 6:14 PM
    Hi all,

    A vulnerable friend of mine has found himself in a truly desperate circumstance. A woman he was previously involved with on a casual basis has put a money claim in against him, claiming he owes her in excess of £1000. This is made up of the various things she bought him (as gifts) during their time together such as flights, meals out etc.

    She is also now harassing him and sending in excess of 20 emails a day, turning up at his family members' homes and contacting him from numerous email addresses and phone numbers. He is slipping into a deep depression over it and is currently not working, so would only ever be able to do a payment plan anyway. She is now saying he has to meet up with her in order to get this sorted.

    I suppose I want to clarify whether she has a legitimate claim? Also, whether there is a way to try and prevent contact?

    Any advice would be gratefully appreciated.

    Sophie
Page 1
    • sourcrates
    • By sourcrates 15th Apr 19, 8:03 PM
    • 17,006 Posts
    • 16,023 Thanks
    sourcrates
    • #2
    • 15th Apr 19, 8:03 PM
    • #2
    • 15th Apr 19, 8:03 PM
    Tell her to do one would be my advice.

    Has he actually received the court papers ?

    If so, tell him to defend the claim in full, she will have to provide evidence in the form of receipts, for every single thing she is trying to claim for, she’s definitely trying it on here, hoping for a payday.

    Don’t agree to meet her, block her email client, block her phone numbers, all easy to do, all he has to do is introduce an element of doubt to her claim.

    Legal advice from the “legal beagles” website may also be helpful.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

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    • tallyhoh
    • By tallyhoh 15th Apr 19, 8:07 PM
    • 2,188 Posts
    • 2,305 Thanks
    tallyhoh
    • #3
    • 15th Apr 19, 8:07 PM
    • #3
    • 15th Apr 19, 8:07 PM
    Sounds like a stalker to me, your friend should contact the police
    Tallyhoh!

    Stopped Smoking October 2000. Saved £21,840 so far!
    • Sophiechatters
    • By Sophiechatters 16th Apr 19, 8:58 AM
    • 6 Posts
    • 9 Thanks
    Sophiechatters
    • #4
    • 16th Apr 19, 8:58 AM
    • #4
    • 16th Apr 19, 8:58 AM
    I think exactly the same - out for what she can get. She made a list once of all of the items. Things like petrol for her car, cigarettes that she willingly bought him and food she paid for. She had hold of his last £20 and forced him to sign it to say her owed her or he wouldn’t have got it back. Surely this is coercion and wouldn’t stand up in court? My friend is fixated on this part though and thinks because he’s ‘admitted it’ even under duress, he’ll be forced to pay and incur a CCJ. She has put a money claim in online and he has a week or so to respond through the gov website. She is a dangerous woman I think.

    I’ll definitely look at that website - thanks so much, Sourcrates.
    • Sophiechatters
    • By Sophiechatters 16th Apr 19, 8:59 AM
    • 6 Posts
    • 9 Thanks
    Sophiechatters
    • #5
    • 16th Apr 19, 8:59 AM
    • #5
    • 16th Apr 19, 8:59 AM
    I think so too but he is reluctant as he thinks he’ll be wasting police time.
    • WhenIam64
    • By WhenIam64 16th Apr 19, 4:13 PM
    • 381 Posts
    • 188 Thanks
    WhenIam64
    • #6
    • 16th Apr 19, 4:13 PM
    • #6
    • 16th Apr 19, 4:13 PM
    Surely this is coercion and wouldn’t stand up in court?
    It can't be coercion if the money is owed. The court will look at whether there was an agreement (meeting of minds) that the sums were a loan, a gift or a commercial transaction.

    Things like petrol for her car, cigarettes that she willingly bought him and food she paid for.
    The detail will give the judge a good idea on which of the above it was, and my personal opinion is that it will be done and dusted in two minutes. Just make sure your friend gets help with the paperwork as that is often where people come to grief when navigating the court system.

    There is nothing complex, it just has to be done on time.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • JayRitchie
    • By JayRitchie 16th Apr 19, 6:55 PM
    • 91 Posts
    • 111 Thanks
    JayRitchie
    • #7
    • 16th Apr 19, 6:55 PM
    • #7
    • 16th Apr 19, 6:55 PM
    If you are anything like accurate in what you are writing she sounds unstable and would have no chance. He needs to:

    - document everything. All calls, texts, emails etc
    - all her contact with his friends and family

    He needs to register the matter with the police. She is getting a bit extreme - its best to log the issue now and then follow up if things continue or escalate.

    Dont even think about her taking him to court. She won't have a chance of chasing any money as she wont have any credible case and he has no cash anyway. He needs to be a bit tougher and not let one disturbed person affect him.
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