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NSW Defamation Over Debt Repayment To Family?

Discussion in 'Defamation Law Forum' started by Maria Bramley, 27 February 2015.

  1. Maria Bramley

    Maria Bramley Member

    27 February 2015
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    I am seeking some advice on what is defined as defamation and where I stand legally.
    A family friend cam to me when my family and I were in desperate need of some money. I was told not to go to the bank as this family member had a substantial amount of money in the bank to help. Cut a long story short, and we have paid back help the money owed, but can now only afford to pay monthly instalments for the remaining amount. This is all we can afford due to the loan repayments, the family member has refused to accept this payment and has began to talk to people around town for example our friends with regard to the amount owed, and now to top it all off has sent a solicitors letter stating that we have made no attempt to pay back the money. The solicitors are preparing to take us to court. We have never ever been in trouble with the law or in need of a solicitor and we are extremely worried. This so called family member has also issued us with death threats and has been harassing us. We have paid half the money owned back, we are paying still a monthly instalment and still this isn't acceptable. What do we do?
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
    Likes Received:
    Hi Maria,
    From the information you have provided, it doesn't appear to me that they have defamed you. However sending death threats and harassment is a criminal matter that you should report to the police.

    You should also contact a solicitor and ask them for assistance. You can start by contacting Legal Aid and seeing if they can help you, particularly because this issue potentially involves a criminal matter now.

    You should also gather together any evidence you have of an agreement that you made with the person who lent you the money. Was anything in writing, including email/s, letter, handwritten or text messages? If not, sit down and write out as much as you can remember about what has happened including dates. Also gather together evidence of the initial amount the person gave you (such as a bank transfer record) as well as evidence of the repayments you have made (again, have a look at your bank records if you have done the transfers electronically).

    It will help the police and your lawyers if you can give them as much information as possible about the chain of events and including specific details about the harassment and death threats.
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