Have a letter asking me to go to court for theft! was more unpaid debt ADVICE NEEDED

[Spikeyboy]

Hi
IM looking for some advice or an idea of what may happen, the situation is very embarressing but i had a botox and facial treatment from a practitioner who ive been using for years, when it got to paying i couldnt, i have no criminal record and have never been to court before i was assured by citizens advice that it was a civil matter when i called shortly after i realised i could not pay in lump sum, i'm being taken to court for theft- which i think is unfair - ive i also was signed off partially to do with being in debt which caused my mortgage arrears and im just going into an iva which im including the debt in at advice of CA

Heres a statement ive written to u an idea of the situation ....


I’ve known and received treatment from .... for over 3 years and had many procedures (probably on about 40 + occasions) with other practitioners over the last 13 years - I’ve I had one issue paying about 13 years ago but was settled.This is obviously a very embarrassing situation I’m at a stage in my life where I’m working in a job I love and trying to maintain my life after so many years of struggling with mental heath and other issues , this situation has very much added to issues with my mental health and anxiety issues. My appointment was on 26th of sept when I believed I would be paid as we were the month before. I should have checked before appointment but I didn’t. I was expecting to have my 3 monthly Botox and potentially a little in my cheeks - I was a little shocked when .... said I needed 3 mils ( costing 750 I think) I knew it would be a tight month but I’ve always had insecurities with my appearance and having treatments has helped me with that. I felt I needed to have it done anyway. I figured I would struggle through September maybe borrow a little from my best friend however when it came to pay day I had various deductions and less pay than expected and had ended up not paying my full mortgage and secure loan commitments obviously this had a negative effect on me. I’ve been financially struggling causing my mental health issues to increase to the point where I was getting physical symptoms and was signed off and eventually lost my job. I’ve been referred to hospital had medication upped and have been referred to a specialist , I’m still very much struggling with this but have returned to work again in a different and more suitable role I am seeking help through the money advice service and payplan to deal with any debts I have. I’ve also been having cbt (cognitive behavioural therapy)and counciling with steps 2 well being.When this happened I told... I would get a loan to pay him off but it wasn’t possible, I then explained the situation and said I would try to pay him in instalments would start as soon as I could pay off arrears with my mortgage and other priority debts. Initially when I said I would get a loan he was fine and understanding and after a few wks understandably more threatening and he wanted paying off now or he was going to police - the more the tone of his messages changed the worse I began to feel and he blocked me from replying so I composed an email which I tried sending via text Instagram and email explaining that what I would hope was he knew me well enough to know wasn’t running off with his Botox and again tried to explain the situation and offer some kind of payment plan in upcoming months however 2 of the 3 methods returned and had no reply. His last message stated he had had enough and wanted it all now and wouldn’t be communicating further and all communication would be through his solicitor - I was blocked from contacting him. Since then I’ve heard nothing and have tried to get on with my life and focus on getting back to work mental health and confrontating any debts I have with professional advice. After the final email and him blocking me I consulted citizens advice regarding his threats to contact police and go to court they assured me that it would be a matter for small claims court so I was anxious expecting some form of contact but not knowing what and it’s been hanging over my head. I wish to make it clear this was not intentional and I tried to find a solution to this issue but I was blocked from contacting him via messages and calls in regards to it, also I didn’t want to antagonise the situation anymore by attempting another form of contact such as face to face as I knew it was impossible to pay the full amount in one go . It was not my intention to not pay for treatment and I felt I previously had a good client relationship with Austin having spent several thousand over a 3 year period with his practice. It saddens me it came to this. I’m still very much happy and wanting to make a form of payment plan to him. Like I said not only is this immensely embarrassing but makes me sick with worry whenever I think about it. I’m waiting for my pip Benifit appeal and my pet insurance to pay out I hope when or if this happens I can pay the total amount off straight away


i also must add i did have his account number but no way of contacting him so i kinda just tried to bury my head and get on with it. also i did have another botox treatment of 140 but i borrowed money from a friend for it, i do think maybe i could have paid money in but i was expecting after not being able to contact him id get a letter for civil court not for theft - i work in a care home with elderly people im not a criminal and it wasnt intentional

Please if you can help i would be very greatful i got court letter yesterday and its on 17th of may i feel physically sick and pretty much suicidal

do i have to attend what will happen ? also i have medical evidence i was signed off from oct to jan

thank you

[Amethyst]

Hi, Sorry to hear you've ended up in a pickle xxx
Its not entirely clear what you have received - is it a county court claim or a magistrates summons ? If you could do a picture ( covering identifying details ) or type out the letter received that would be very helpful and we'll be able to give you some guidance to deal with this xxx

[lgfa92]

Hi, Sorry to hear you've ended up in a pickle xxx
Its not entirely clear what you have received - is it a county court claim or a magistrates summons ? If you could do a picture ( covering identifying details ) or type out the letter received that would be very helpful and we'll be able to give you some guidance to deal with this xxx

Appears to be from the Magistrates' Court
i do think maybe i could have paid money in but i was expecting after not being able to contact him id get a letter for civil court not for theft - i work in a care home with elderly people im not a criminal and it wasnt intentional

do i have to attend what will happen ? also i have medical evidence i was signed off from oct to jan

Don't turn up and you're risking an arrest warrant being issued so that you can, if required, be forced to appear before the court.

To charge and summons a person for theft the prosecutor must have been satisfied in their mind that you were dishonest in what you did. I would imagine any defence will rely on whether or not you were dishonest so I would suggest speaking with a solicitor as any conviction is going to have a knock on effect to your employment.

[Spikeyboy]

[Spikeyboy]

[Spikeyboy]

its magistrates
i gave a statement saying pretty much what i said here, i did fail to pay but there are reasons like being blocked from the practitoner and being signed off sick having no money

i cannot belive this has happened

thank you for your help xxx

[lgfa92]

s3 of the Theft Act 78 is 'making off without paying' - it requires dishonesty & intent.

Seems odd to me to charge this where they allowed you to have the treatment and pay later.

3 Making off without payment.

(1)Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

(2)For purposes of this section “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3)Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.

[Spikeyboy]

please could you advise what will or could happen - the police said they saw both sides and found it amusing, i said that its so embaressing and thought i stated my case well

[Spikeyboy]

i tried to make payment there and then but couldnt he was fine as i know him well and have spent lots of money there, i never denied owing and maintained contact - i wanted to pay and get it sorted but i literally felt so awful it made me ill and i ended up in more debt

[lgfa92]

please could you advise what will or could happen - the police said they saw both sides and found it amusing, i said that its so embaressing and thought i stated my case well

It appears the police are charging on this one (rather than the CPS) but either way it's still expected to appear before the magistrates.

Unless it's dropped the first appearance will be to see how you plead - plead not guilty and it will go for trial either at the Magistrates (most likely) or the Crown Court. Sentencing guidelines - https://www.sentencingcouncil.org.uk...out-payment-2/

[Spikeyboy]

So what does this mean I did have good reasons for not paying but if I plead not guilty will it be worse for me if I’m charged - if I’m found guilty will I have a criminal record? Do I gather evidence and plead not guilty? What is worse that will happen I have a job a flat and 2 dogs

[des8]

I'm surprised that the police have taken this action.

It seems pretty clear from your statement that you did not make off with the intention of avoiding payment, so I would normally have anticipated a not guilty plea.
However I assume you attended a police interview under caution..... did you have a solicitor present?
Can you recall what was said?

I would advise seeking help from a solicitor ..... you will probably qualify for legal aid

[lgfa92]

So what does this mean I did have good reasons for not paying but if I plead not guilty will it be worse for me if I’m charged - if I’m found guilty will I have a criminal record? Do I gather evidence and plead not guilty? What is worse that will happen I have a job a flat and 2 dogs

If you plead guilty then you're admitting the offence and then the will sentence accordingly. If you plead not guilty then the court will need to hear the case and give their verdict - remember it's for the prosecution to demonstrate the guilt.

I would seriously suggest getting a solicitor and not trying to fight it yourself. Worst case scenario is a prison sentence although that's highly unlikely for a first offence like this.

[Spikeyboy]

I'm surprised that the police have taken this action.

It seems pretty clear from your statement that you did not make off with the intention of avoiding payment, so I would normally have anticipated a not guilty plea.
However I assume you attended a police interview under caution..... did you have a solicitor present?
Can you recall what was said?

I would advise seeking help from a solicitor ..... you will probably qualify for legal aid

yes i attended i didnt have a solicitor as i coulnt afford and the policeman said it was just to get an idea of the situation althou he did interview me under caution - i said everything i wrote in statement how awful i felt about it how i was happy to pay but since he blocked me i figured i would wait to hear and then try and sort other debts then deal with this as i was just getting back to work

thanks for your help

[lgfa92]

yes i attended i didnt have a solicitor as i coulnt afford and the policeman said it was just to get an idea of the situation althou he did interview me under caution - i said everything i wrote in statement how awful i felt about it how i was happy to pay but since he blocked me i figured i would wait to hear and then try and sort other debts then deal with this as i was just getting back to work

thanks for your help

You should have asked for the duty solicitor - were you offered one ? Initial legal advice is usually free at that stage.