Monday, August 16, 2010

Someone gave me some money 3 years ago - i used to talk to them online but never met.?

They sent the money via the post office so have a record. We have fallen out but they now demand it back and are threatening to take me to a small claims court (uk). At the time they said i didn't need to pay it back but have no proof. Unless they have kept every email/msn chat from 3 years ago they have no proof either. Are they likely to win? Can they change the terms years later?

Someone gave me some money 3 years ago - i used to talk to them online but never met.?
They gave you money. Then give it back. How can you even think of not giving it back it's stealing have you no morals. Taking money from someone you don't even no is corrupt
Reply:It's clear that your concience is stirring you or you wouldn't have asked the question.





Ignore the legalities. Pay the money back with a small amount of interest and live the rest of your life in the knowlege that you did the right thing.
Reply:Depends on how much and why they sent you money, did you ask for the money?. If the money was a gift then they have no claim, I doubt if they will ever take this to court its known as putting the frighteners on.





Good luck.
Reply:If there was no agreement to pay the money back then it is not a loan it was a gift. Why someone would lend money to someone they've never met is beyond me. I think it's unlikely any such claim would succeed as they have delayed 3 years in seeking repayment and no right-minded person would lend money to someone they don't know on the basis that it's unlikely they would be re-paid
Reply:THE BURDEN OF PROOF IS ON THEM, ALOT DEPENDS ON HOW ITS PRESENTED IN COURT,AND THE JUDGE
Reply:actually not only can he take you to small claims court (and win) but you can also be charged with a tort law-called cyber crime in which you could spend jail time for. If its your first offence you might not have to serve jail but i believe cyber-crime in tort law is a felony o boy you get that you may never be able to get a decent job again lol.





But an example of this would be when a man gives a woman a ring and she accepts then breaks it off a month later and decides to keep that ring. The court will tell her that the "property" needs to go back to its right full owner or else pay that sum of what it was worth. When one is involved the rules of law change in a ugly way.





You should feel ashamed of yourself.
Reply:This all depends on the amount involved. For a small amount just give it back. If a large amount, tell them that the agreement was for you to keep it.


If they persist, then ask for the proof that you agreed to give it back. If they have such proof, you'd be better to pay up rather than face legal costs.
Reply:Apart from the moral consideration, the legal aspect is clear.





If the money was gifted, it cannot be reclaimed. However, if the plaintiff can prove a promise to repay (like receipts, or promissory notes) then you are legally bound to repay.





There is also the issue of reasons for the transaction (such as it was). It is entirely possible that the plaintiff may have a record of your communications, which prompted the transaction. These could, dependent on content, be used as evidence of fraud.





Beware!
Reply:A gift is a gift, yours to keep. If you have the money to return, then do so, to get rid of them. If not, don't worry about it. How much was it? Maybe the cost of going to court would make it not worthwhile for them to pursue, considering they will lose anyway!
Reply:Your common sense and your conscience should tell you what you should do!
Reply:if they gave you money then it's yours unless you said you're gonna pay them back them it's just morals
Reply:did they have an agreement to you to pay back the money as a loan (verbal or written)? if not, their canoe is sinking and they cannot touch you.





I would change email accounts though, and keep your real name off the new account, and simply desist using the old account (after removing your personal information from the profile).





Perhaps the law is different in the UK- contact a barrister for advice

dr teeth

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