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WA Friend Lied to Get Personal Loan - Fraud?

Discussion in 'Debt and Bankruptcy Law Forum' started by Stupid, 25 July 2016.

  1. Stupid

    Stupid Member

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    I was asked via email and lent money to a friend so their child could get enough money together for a block of land. After 18 months of lies and assurances that a different block of land was bought (not really relevant), I find that the person I gave a personal loan to squandered it on themselves. Is this fraud?

    The email specifically requests the money to help the child buy a block of land. I would not have lent it for good times and everyday extravagant spending.

    I live in WA and went to the bank in WA and transferred the money to this person in NSW.
     
  2. Rod

    Rod Well-Known Member

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    More than likely yes. It may also be deceit. They could be prosecuted criminally and civilly.

    What repayment agreement did you have with your friend? Have they made any repayments? Is the agreement written down (not essential but helps)?
     
  3. Stupid

    Stupid Member

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    This one is in writing (email) with him requesting funds specifically for this piece of land for his son. He later acknowledges it and says he willrepay. Loans without terms are callable on demand. I know that much.

    I have about 16 months of back and forth emails with me asking why his son hasn't thanked me and asking for a second mortgage or a caveat over the property. All with excuses. All lies. I also have him saying he can not provide a caveat over his (now I know nonexistent beach house) because the trust that owns it won't let him.

    I am truly stupid. But surely this line of behaviour must be criminal fraud. He just spent the money on himself. I had to prove that his son did not own a block of land in that suburb before he admitted his deceit and that he squandered it on himself.
     

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