Chasing someone down for money?

Discussion in 'Money Management & Banking' started by TMNT, 3rd Mar, 2017.

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  1. TMNT

    TMNT Well-Known Member

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    OK so my good friend has asked me to offer advice which I cant

    Long story. He's lent this guy under 10k to a guy who he has never met on recommendation of his boss.
    And the promise was to return within 2 weeks. Anyway. Its now been 4 months and despite promises to even the extent of its been transferred today. Nothing has come of it.

    He's got a copy of the guys drivers license. Phone number. Last place of employment. Bank account details. Address is valid or at least a family member lives there.

    He's started a vcat case which is in progress. But I don't hold much hope of vcat due to past experiences.

    What methods can be used to get his money back.

    He's even willing to get hired goons involved.

    What can be done that isn't outright illegal such as waiting outside hes house and beating him with a baseball bat.
    He's willing to bend the rules big time to get his money back but doesn't want to end up in jail. He's been to the police which they said it's a civil matter. He's even thought about filing a false claim of threatening his life. But I recommended against it

    Any ideas people? I really want to help him out because he is a really nice guy. Yes he was stupid

    Pm me if you have a suggestion that you don't want to reveal publicly
     
  2. EN710

    EN710 Well-Known Member

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    :confused:
    Too nice!!

    Uh, can he find the guy at all?
     
  3. D.T.

    D.T. Specialist Property Manager Business Member

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    Fool and their money soon parted.
     
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  4. teetotal

    teetotal Well-Known Member

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    He should get his boss to pay him back or at least to find the guy.
     
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  5. kierank

    kierank Well-Known Member

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    Join an OMG :).
     
  6. neK

    neK Well-Known Member

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    Alarm bells should have been ringing when the boss didn't lend his own friend money
     
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  7. willair

    willair Well-Known Member Premium Member

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    Maybe go and talk to a Solicitor as you already know who your dealing with
    and see what can be done by putting a caveat on anything this person controls..
    Did your mate ever ask the question what the 10k was for maybe he fell in love with a prostitute ,or had a one off bet of 10k i have mates that do that but it's their own money..
     
  8. Ace in the Hole

    Ace in the Hole Well-Known Member

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    What was the gain?
    You simply don't lend 10k to someone you don't know without a return on your investment.
    I think this is a very important part of the story, what were the funds for and what was the promised return.
     
  9. Otie

    Otie Well-Known Member

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    If he hasn't paid it back he must not have any to pay back. I wouldn't spend more money trying to get it. I'd go to his house and ask what items he would like to give me to repo. Maybe agree to take 10k worth of his stuff? Don't like the chances but at least it's not illegal if he gives it to u and it won't cost you anything

    Obviously he can't get a loan from a bank or he would have done that already. Are u sure the boss isn't in on it and didn't need some of the money himself? Weird of a boss to ask a employee to do that.
     
  10. Ace in the Hole

    Ace in the Hole Well-Known Member

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    If it was offered as an opportunity to make some quick cash on the 10k as an "investment", this is very different to lending 10k to help someone facing genuine temporary hardship get out of trouble.
    I'm guessing is was the former case as who asks someone they don't know for a private cash loan?
    If it was in fact the former, the odds are probably not so good on getting a return at all.
    The promise to return in 2 weeks sounds like a "deal gone bad" situation.
     
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  11. TMNT

    TMNT Well-Known Member

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    I'm not too sure of the details. But it's nothing shady. The guy isn't the sort to be involved in that sort of stuff but yeah it sounds a bit silly.

    What could a lawyer do other than suggest vcat?

    Hitman?
    Call the cops?
    Electoral role?
    Vicroads to see if he owns a car?

    How does vcat work? Do they send out process servers?
    And assuming he wins the case. I assume it's another task to get the money from him?
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    A caveat couldn't be listed in most states unless property has been charged as part of the loan agreement
     
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  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    He should speak to a debt collector about going and knocking on the door.
     
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  14. Lizzie

    Lizzie Well-Known Member

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    Was there any documentation stating the loan amount and conditions? If not, I don't like his chances of getting anything back legally.

    I've had success thru vcat, but it was for a genuine invoice.
     
  15. dabbler

    dabbler Well-Known Member

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    If he has nothing in writing & all verbal, he is up against it.

    Hopefully he has transaction records of withdrawing the money or transferring it to an account.

    Local court could prob do it, I am not sure of the cash amounts they deal with these days. Check with them, should be small claims I would think at that amount.

    A debt collector may also take it.
     
  16. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Without documentation there is still a high chance if was an internet transfer.

    Contracts can be oral and there is evidence money changing hands.
     
  17. dabbler

    dabbler Well-Known Member

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    Yeah, that is why the second sentence, but if it is all cash and verbal.......it makes it harder & you look like a fool, on the verge of giving a gift perhaps.

    I have been in court with impeccable records showing exactly what went where & the fool up the front said all of that proved nothing :eek: everyone was shocked.
     
  18. TMNT

    TMNT Well-Known Member

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    Guys. For the record apparently there is heaps of text msgs confirm the money is owed. Even msgs that days money has been transferred.

    Although there is no official written contract. The debt has been acknowledged.

    Is this enough?
     
  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes it is evidence which could be used
     
  20. dabbler

    dabbler Well-Known Member

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    Agree, yes, as this can be used for dates and times etc & showing it was not a gift.