Selling on a personal debt

[ollbowski]

Hi All,
A few months ago I borrowed £300 from my boss, Tamil, who ran an indian takeaway at which I was working as a delivery driver. Due to a downturn in his business he wasn't able to keep me on, but I left still oweing him the £300.
My personal financial circumstances have been such that I have been unable to pay any of this back yet, but I have reassured Tamil that I would pay the money back as soon as I could.
Tonight at home I was visited by the other delivery driver from the takeaway, Paul, (who was retained when I left) who advised me that Tamil actually owes him over £1000. Tamil has made Paul aware of the £300 that I owe and has apparently "sold on the debt" to Paul who is now claiming that I owe him the money. Paul however is being much more "forceful" about the repayment of this debt, and knowing that he has a criminal record and background of violence it has left me wary of the safety of my family and my home.
I guess I need to know where I stand legally. I am not denying that I owe this money, but as far as I am concerned I owe this money to Tamil, not to Paul. Can Paul demand this money from me without anything on paper. Any help asap would be greatly appreciated...

[PAWS]

Re: Selling on a personal debt

:bump:I can see why you are worried. I do not know of your legal position but this smacks of the old gangland style and I am sure cannot be legal. Anyway, I am sure one of the clever bods will come along soon to give advice. I think you might be within your rights to call the police if you think you or your family are in any danger

[nemesis45]

Re: Selling on a personal debt

Hi All,
A few months ago I borrowed £300 from my boss, Tamil, who ran an indian takeaway at which I was working as a delivery driver. Due to a downturn in his business he wasn't able to keep me on, but I left still oweing him the £300.
My personal financial circumstances have been such that I have been unable to pay any of this back yet, but I have reassured Tamil that I would pay the money back as soon as I could.
Tonight at home I was visited by the other delivery driver from the takeaway, Paul, (who was retained when I left) who advised me that Tamil actually owes him over £1000. Tamil has made Paul aware of the £300 that I owe and has apparently "sold on the debt" to Paul who is now claiming that I owe him the money. Paul however is being much more "forceful" about the repayment of this debt, and knowing that he has a criminal record and background of violence it has left me wary of the safety of my family and my home.
I guess I need to know where I stand legally. I am not denying that I owe this money, but as far as I am concerned I owe this money to Tamil, not to Paul. Can Paul demand this money from me without anything on paper. Any help asap would be greatly appreciated...

Hi welcome to LB,

Was anything put in writing when your boss loaned you the money?
Have you spoken to your ex boss since?
If this " Paul" makes threats of violence the you Must inform the police,
if he calls at your home and you feel threatened 999 straight away.

nem
Nothing on paper nothing to pay.

[des8]

Re: Selling on a personal debt

Hi welcome to LB,

Nothing on paper nothing to pay.

Not quite true.
The loan was made, and the debt exists.
Oral contracts can be enforced in the courts.
True, if OP denies its existence (which he doesn't appear to be about), the lender may have trouble proving it, but there are ways (witnesses?)

Regarding passing the debt on, I suspect a notice of assignment would be required for Paul to be able to enforce it.
Not that Paul sounds as if he is likely to use that route.