- August 22, 2023
- Posted by: legaleseblogger
- Category: Related News
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Asking for Advice on a Family Situation: A Legal Dilemma
Background: Expanding on the family member’s predicament
Apologies in advance for the lengthy explanation, but I would greatly appreciate some advice for a family member’s delicate situation. Back in 2011, my family member engaged in a paid sexual relationship with a woman. Over time, their interaction evolved into more than just mere physical encounters, as he started providing her financial assistance for everyday expenses. Initially, the monetary support ranged from ┬ú50 to ┬ú100 per week. Despite eventually discontinuing their sexual encounters, he continued helping her whenever she requested, even though they hadn’t met for years. She assured him that once a house sale went through, she would repay him.
Recent Events: Revealing the current state of affairs
Fast forward to last year, when my family member grew increasingly frustrated and demanded repayment. An agreement was reached that she would pay him £30 per week, and within 12 months, she would sell the alleged house to settle the debt. However, we have recently discovered that the existence of this house was a complete fabrication.
Current Dilemma: Exploring the predicament at hand
Now, here’s the situation: she has faithfully paid back ┬ú30 per week for 56 weeks without missing a payment. She now claims she can continue this amount or even increase it to ┬ú50 or ┬ú60 per week. However, my family member believes these payments are insufficient (and I empathize with his distress). He is wondering whether this matter is criminal or civil in nature. Although there is no formal agreement in place for the lending of money, he possesses text messages confirming her promise to repay and discussing the deceptive “house,” as well as evidence of the money transfers from his account totaling around ┬ú30,000 over the course of 6-8 years.
The AI Legalese Decoder Solution: Discovering the potential benefits
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Seeking Advice: Grateful for guidance
Considering the complexity of this situation, I kindly seek your advice. Is this primarily a criminal matter due to the false representation of the house? Or is it more fittingly a civil matter considering the absence of a formal contract for the money lent? Should my family member proceed with reporting this to the authorities, or would it be wiser for him to accept the ongoing payments? Your input on how best to navigate this difficult situation would be tremendously appreciated. Thank you in advance for your guidance.
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99% this is civil. There s a debt, and shes repaying it. The house is all but a red herring. There might be an element of fraud in this, but the police simply wont be interested. These werent secured loans. It’s grey area when these even became loans.
Id expect even enforcing the civil element would be tricky, as these ‘loans’ are not really documented. Shes willing to pay it back and is doing so.
Its unlikely she has assets worth £30k (indeed if this house is not real, almost certain) so any enforcement action would be difficult.
For a criminal prosecution to be brought (for fraud) there would need to be evidence that:
— The woman lied about the house; and
— Your family member agreed to provide the loan because of the lie; and
— The woman intended to keep the money (i.e. for her financial gain or your family member’s financial loss).
Otherwise it would be a civil matter (i.e. breach of repayment terms).