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Hi.
Apologies in advance for the length of this! I was wondering if someone knows whether in criminal law a creditor can in any circumstances be guilty of obtaining money by deception where the debt is owed and acknowledged?
I am in a situation with a former partner at the moment where she claims to have admitted to Police that she has performed a deception in order for monies she is owed by me to continue to be paid.
I asked her to leave our joint home in May last year after having been together for 3 and a half years.
I discovered recently that a few weeks later she sent a defamatory and libellous email to my ex partner from years before asking for information about her and my time together.
A few weeks after that in June last year she contacted me and we began a casual but mutually agreed as monogamous relationship which lasted until I moved away in November last year.
We had no contact for 2 months and then began talking in January about reconciling and she allowed me to continue to believe that this might be possible and to encourage my advances for the first few months of this year.
She has admitted in the past couple of weeks that she has in fact been in a relationship with a guy since October last year....Yes, I did say a month before we actually split up!
In fact whilst claiming to be committed to me for the whole of last year, she was in fact in a relationship with yet another guy between May and, well, I don't know, some point earlier THIS year.
When we started speaking again in January of reconciliation she categorically denied being involved with anyone else since me in November and continued to deny this when I asked her at other points over the past few months.
(worth noting that the guy she was involved with other than me, between May last years and whenever this year, she, at the time consistently denied that he was anything other than a plutonic friend.
She also admits not telling him that she was sexually involved with me and allowing him to think that I was STALKING her!)
Clearly maintaining a double life like this has taken its toll on her and her relationship with her "boyfriend" and 2 months ago she spoke to Police and accused me of harassment claiming that she did not encourage my advances in anyway (I have material evidence to the contrary so I am not concerned about this).
She claims that when she spoke to Police she told them that she had not declared that she was in a relationship with someone else to me as she feared I would not pay her back the money I owe her.
I have been making the payments on time (it's a personal loan in her name that I have admitted in writing liability for) for the past 3 years!
She says the Police are happy with this state of affairs. I have since been given a Harassment Warning.
Would the Police really accept that as an explanation? Surely on the basis of what she claims to have told them, they would wash their hands of the situation.
If she had said in January that she was in a relationship I would certainly not have been interested in pursuing her in any way shape or form and we wouldn't be where we are today.
I am having difficulty accepting that the Police would be interested in assisting her when clearly it is her lying to me about not being in a relationship with anyone else which has meant I felt free to pursue a reconciliation with a "single" former partner. Particularly one who was encouraging my advances (I have evidence to back this up), even though she has told Police she never did.
nb: The Police have not yet seen the material evidence I have that proves she did in fact continue and encourage my advances in a manner entirely contrary to what she has told them. One of the quirks of the Harassment Warning. No interview - No right of reply of the accused.
Money has become tight in the past few weeks. I have missed this month's payment and I believe for a number of reasons that she has spoken with Police again.
She has told me before, and has says she has told Police that the reason she continued relations with me until November last year and lied about her involvement to me with two other men in the same period, is again, because she is claiming she was fearful if she told me the truth I would stop paying.
This would not have happened. A precedent was set when we split up for good in November, I moved 120 miles away and we didn't communicate until January.
It was perfectly feasible that she might have taken up with someone else in that time. In fact I did wonder what she was up to. I was still paying.
I had no idea whatsoever that she was playing away last year on two counts and had no idea she was in a relationship with anyone until she admitted it a few weeks ago.
As she has admitted that the reason she deceived me was in order to continue to obtain money from me, by:
1. Lying about her involvement with other men whilst involved with me.
2. Lied to the Police by telling them she was being harassed by me for reconciliation as, she claims, she had never done anything to encourage my advances. (not to mention the fact that these lies ended up with my being given a harassment warning.
Could she be accused of:
1. Obtaining money by deception
2. Perverting the Course of Justice by lying to Poilce
3. Wasting Police time.
I would really appreciate any advice from anyone with direct knowledge of the law on this (anything other than "cut off all communication with her" - That's a given. Already done).
Thank you, and apologies for the length - It could have been a lot longer, but I've tried to be objective where possible.
Apologies in advance for the length of this! I was wondering if someone knows whether in criminal law a creditor can in any circumstances be guilty of obtaining money by deception where the debt is owed and acknowledged?
I am in a situation with a former partner at the moment where she claims to have admitted to Police that she has performed a deception in order for monies she is owed by me to continue to be paid.
I asked her to leave our joint home in May last year after having been together for 3 and a half years.
I discovered recently that a few weeks later she sent a defamatory and libellous email to my ex partner from years before asking for information about her and my time together.
A few weeks after that in June last year she contacted me and we began a casual but mutually agreed as monogamous relationship which lasted until I moved away in November last year.
We had no contact for 2 months and then began talking in January about reconciling and she allowed me to continue to believe that this might be possible and to encourage my advances for the first few months of this year.
She has admitted in the past couple of weeks that she has in fact been in a relationship with a guy since October last year....Yes, I did say a month before we actually split up!
In fact whilst claiming to be committed to me for the whole of last year, she was in fact in a relationship with yet another guy between May and, well, I don't know, some point earlier THIS year.
When we started speaking again in January of reconciliation she categorically denied being involved with anyone else since me in November and continued to deny this when I asked her at other points over the past few months.
(worth noting that the guy she was involved with other than me, between May last years and whenever this year, she, at the time consistently denied that he was anything other than a plutonic friend.
She also admits not telling him that she was sexually involved with me and allowing him to think that I was STALKING her!)
Clearly maintaining a double life like this has taken its toll on her and her relationship with her "boyfriend" and 2 months ago she spoke to Police and accused me of harassment claiming that she did not encourage my advances in anyway (I have material evidence to the contrary so I am not concerned about this).
She claims that when she spoke to Police she told them that she had not declared that she was in a relationship with someone else to me as she feared I would not pay her back the money I owe her.
I have been making the payments on time (it's a personal loan in her name that I have admitted in writing liability for) for the past 3 years!
She says the Police are happy with this state of affairs. I have since been given a Harassment Warning.
Would the Police really accept that as an explanation? Surely on the basis of what she claims to have told them, they would wash their hands of the situation.
If she had said in January that she was in a relationship I would certainly not have been interested in pursuing her in any way shape or form and we wouldn't be where we are today.
I am having difficulty accepting that the Police would be interested in assisting her when clearly it is her lying to me about not being in a relationship with anyone else which has meant I felt free to pursue a reconciliation with a "single" former partner. Particularly one who was encouraging my advances (I have evidence to back this up), even though she has told Police she never did.
nb: The Police have not yet seen the material evidence I have that proves she did in fact continue and encourage my advances in a manner entirely contrary to what she has told them. One of the quirks of the Harassment Warning. No interview - No right of reply of the accused.
Money has become tight in the past few weeks. I have missed this month's payment and I believe for a number of reasons that she has spoken with Police again.
She has told me before, and has says she has told Police that the reason she continued relations with me until November last year and lied about her involvement to me with two other men in the same period, is again, because she is claiming she was fearful if she told me the truth I would stop paying.
This would not have happened. A precedent was set when we split up for good in November, I moved 120 miles away and we didn't communicate until January.
It was perfectly feasible that she might have taken up with someone else in that time. In fact I did wonder what she was up to. I was still paying.
I had no idea whatsoever that she was playing away last year on two counts and had no idea she was in a relationship with anyone until she admitted it a few weeks ago.
As she has admitted that the reason she deceived me was in order to continue to obtain money from me, by:
1. Lying about her involvement with other men whilst involved with me.
2. Lied to the Police by telling them she was being harassed by me for reconciliation as, she claims, she had never done anything to encourage my advances. (not to mention the fact that these lies ended up with my being given a harassment warning.
Could she be accused of:
1. Obtaining money by deception
2. Perverting the Course of Justice by lying to Poilce
3. Wasting Police time.
I would really appreciate any advice from anyone with direct knowledge of the law on this (anything other than "cut off all communication with her" - That's a given. Already done).
Thank you, and apologies for the length - It could have been a lot longer, but I've tried to be objective where possible.
