How to collect from a debtor

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#1439691 3-Dec-2015 08:20

This is how the guy operates. I emailed and told him I'm still going to the police, he rang and in one sentence he said he was paying some more today, and will pay it off tomorrow, perhaps over the weekend, I'll have it Monday, maybe Tuesday. Sounds like he's in the habit of manipulating people.

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#1439739 3-Dec-2015 09:37

jmh: Update: I went to the police on Tuesday and made a statement about the cheque fraud. They contacted me yesterday and asked me to go in and give more information.

The guy who owes me $400+ promised on Monday that this time he WOULD pay. I thought, if it's sitting in my account this morning I might say to the police that I'm not interested in pursuing it. Anyway, he has paid in $100 and indicated in the subject line that it is part payment. No indication of when he plans to pay the rest. Clearly a stalling activity to stop me going to the police.

So I will be back in there this morning with the stuff they need.

Personally I think if he has paid some, then there is reasonable grounds to give him a chance to pay the rest off. He could be serially clueless with money or be having financial issues (unexpected) and not know how to deal with people he owes money too.

I think I'd go back to him and ask for hard deadlines for remaining payment and let him know if he doesn't stick to them, you'll resume police attention.

traderstu

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#1439742 3-Dec-2015 09:51

networkn:
jmh: Update: I went to the police on Tuesday and made a statement about the cheque fraud. They contacted me yesterday and asked me to go in and give more information.

The guy who owes me $400+ promised on Monday that this time he WOULD pay. I thought, if it's sitting in my account this morning I might say to the police that I'm not interested in pursuing it. Anyway, he has paid in $100 and indicated in the subject line that it is part payment. No indication of when he plans to pay the rest. Clearly a stalling activity to stop me going to the police.

So I will be back in there this morning with the stuff they need.

Personally I think if he has paid some, then there is reasonable grounds to give him a chance to pay the rest off. He could be serially clueless with money or be having financial issues (unexpected) and not know how to deal with people he owes money too.

I think I'd go back to him and ask for hard deadlines for remaining payment and let him know if he doesn't stick to them, you'll resume police attention.

Sorry, but I disagree. Obvious to me the guy is a slow learner and overdue for a rude awakening.

kiwiharry

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#1439745 3-Dec-2015 09:57

networkn:
jmh: Update: I went to the police on Tuesday and made a statement about the cheque fraud. They contacted me yesterday and asked me to go in and give more information.

The guy who owes me $400+ promised on Monday that this time he WOULD pay. I thought, if it's sitting in my account this morning I might say to the police that I'm not interested in pursuing it. Anyway, he has paid in $100 and indicated in the subject line that it is part payment. No indication of when he plans to pay the rest. Clearly a stalling activity to stop me going to the police.

So I will be back in there this morning with the stuff they need.

Personally I think if he has paid some, then there is reasonable grounds to give him a chance to pay the rest off. He could be serially clueless with money or be having financial issues (unexpected) and not know how to deal with people he owes money too.

I think I'd go back to him and ask for hard deadlines for remaining payment and let him know if he doesn't stick to them, you'll resume police attention.

Being clueless with money doesn't explain the fact that he wrote a cheque from a closed account. I think this guy knows exactly what he is doing and is playing the OP.

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Rikkitic

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#1439747 3-Dec-2015 09:59

Have to say I agree with this. The guy has had many, many second chances on this. He clearly is a manipulator, and will keep trying it on to the bitter end to see what he can get away with. Now is the time to bring this to a conclusion.

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networkn

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#1439757 3-Dec-2015 10:32

Rikkitic: Have to say I agree with this. The guy has had many, many second chances on this. He clearly is a manipulator, and will keep trying it on to the bitter end to see what he can get away with. Now is the time to bring this to a conclusion.

I seriously doubt if this guy spends his life fighting criminal charges, that the money the OP wants, will end up in his account, esp if he goes to prison.

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keewee01

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#1439758 3-Dec-2015 10:32

I agree that you should still pursue him with the police as he knew what he was doing - and if he is doing it with you, he is likely stringing a few others along too.

BUT if he is going to give you all your money in the next few days get that first and then go back to the police, as once the police are chasing him he will likely stop paying you. The first time he faulters with paying you or makes an excuse immediately go back to the police. Make sure you do ultimately follow this through with the police as the guy needs to be stopped.

jmh

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#1439761 3-Dec-2015 10:35

Thanks guys - it's good to get different points of view because I tend to doubt myself. I have been pretty fair up until now but I'm not a push over.

keewee01

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#1439762 3-Dec-2015 10:38

If you can get the money back yourself, it is likely to happen faster than if throught the courts. But as soon as he faulters, then it's game over for him.

You don't want the courts to order this guy to pay you back, as you then risk the court order being for $5 per week for a year!

Good luck - I hope you get all your money.

MikeAqua

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#1439776 3-Dec-2015 11:00

It's likely this person has done the same thing to several others. Individually no-one bothers, because the sums are small. Cumulatively, people like this steal a lot.

Go to the police and file a complaint - obtaining credit by false pretenses/fraud/whatever.

Promise that if you are paid, you will let the police know payment has been made.

Mike

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#1439778 3-Dec-2015 11:01

MikeAqua: It's likely this person has done the same thing to several others. Individually no-one bothers, because the sums are small. Cumulatively, people like this steal a lot.

Go to the police and file a complaint - obtaining credit by false pretenses/fraud/whatever.

Promise that if you are paid, you will let the police know payment has been made.

Upon reflection I agree that this is probably a reasonable approach.

Chances of you getting paid are around zero once you report him though.

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MikeAqua

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#1439813 3-Dec-2015 11:34

Often the police will drop charges if he pays the complainant back.

Once the complainant has been paid it's a weak case to take to court - unless there is a wide pattern of behaviour.

Mike

jmh

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#1442957 8-Dec-2015 17:01

Update: Well it's Tuesday, the most recent date that he promised to pay by. I have received about half the payment in three lots since I told him about the police. I suspect he's struggling to find it.

I signed off my statement with the police last Thursday and it's gone for investigation. They say it will probably involve a phone call to start with. That has actually released some tension in my mind for some reason.

Rikkitic

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#1442965 8-Dec-2015 17:21

I think you have handled this well. I also think you are right that the debtor is struggling to find the money. By now I am certain the debtor would just as soon be done with this as you. Of course the debtor should never have incurred the debt in the first place without the ability and/or intention to pay. It is a pain to be sure, but at least you have half the money and if there is any prospect of the debtor raising the rest, you will probably get that as well. I don't doubt the involvement of the police will be an added incentive. Good luck with it.

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MikeAqua

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#1443341 9-Dec-2015 09:28

Good on you. You are doing the community a service by taking action.

jmh: Update: Well it's Tuesday, the most recent date that he promised to pay by. I have received about half the payment in three lots since I told him about the police. I suspect he's struggling to find it.

I signed off my statement with the police last Thursday and it's gone for investigation. They say it will probably involve a phone call to start with. That has actually released some tension in my mind for some reason.

Mike

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