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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69354
Experience:  Over 5 years in practice.
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I loaned £4000 to a person (P) who asked me term help and

Customer Question

I loaned £4000 to a person (P) who asked me for short term help and promised to pay me back when his brother in law who owed him £20,000 started repaying this back. i subsequently found out that at a later date (P) had borrowed money from a female friend/potential work colleague and also had approached one of my clients and using the brother in law story (owing £15000) this time asked him for money.
I need to explain that I am in the process of starting a new business venture and P was introduced to us through a reliable business contact as someone who might be useful in the business once it was up and running. This is why P was 'around'.
my question relates to the obtaining money by false pretences law
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.

What would you like to know about this please?

Customer: replied 10 months ago.
hi Jo,what are my rights under english law to recover the debt also is the person involved guilty of misrepresentation/fraud?
Expert:  Jo C. replied 10 months ago.

Is there any reason you think it may be fraudulent?

Customer: replied 10 months ago.
no reason unless you take into account his subsequent approach to one of our clients (I have had a conversation with said client where he informed me of the approach and the brother owing him 15000 euros story.) It sounds like a fairy story to coerce money out of unsuspecting people and that he has done this sort of thing before.
I am trying to put personal feelings to one side here bearing in mind this character potentially could have caused untold damage to the prospects of our new business venture.
In reality, I know that I will struggle to recover my money, however, I will explore every avenue to achieve this formally and informally.
Expert:  Jo C. replied 10 months ago.

Sorry for the delay. I lost my connection.

This isn't fraudulent unless you can prove that he doesn't intend to pay. Of course, that may well be his game and if it is then this could be fraud.

I would expect the police to say it is a civil matter at this stage though.

Also, in truth, your goal should be to get the money back not to secure a prosecution.

The amount that you loaned is still a small claims court sum though so it would be cheap and quick to issue against him. You can do so here

www.moneyclaim.gov.uk

although I would recommend sending a letter before action before you do so as that will protect you from costs.

Can I clarify anything for you?

Jo

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