no justice

A few years ago I was scammed by a fraudster.  I believed his story of being separated and had lost all his assets and was unable to work because of the stress.  Whenever I quizzed him on specific details of the story he always came up with the same answers, so he had learned the 'story' well.  I borrowed a great deal of money from the bankand leant it to him, with a contract, to pay it back when his divorce settlement came through.  Of course it never got paid back and the Police said he went to Europe for a month with his girlfriend.

He was charged with 4 counts of Obtain Money By Deception, was found guilty and ordered to pay me back $55,000....and I don't know where he is.  He was also ordered to 12 months weekend detention but appealed the decision and was let off the weekend detention.  I wasn't advised of the appeal or the result.

There is no structure in place to chase up debtors and of course he would have known that...he was so slick he must have done this before.   

I will be paying off the loan way after I'm dead and gone, and I'm permanently unable to work because of a long-standing physical disability.  That didn't stop him defrauding me either.

I can't work to pay off the debt in this lifetime and I feel let down by the 'justice' system.  

We're only on this earth once and I would like to have a much better life, but how?  I don't want anyone to think I'm just having a whinge, I just need to make sense of this and get rid of this debt.  

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Doesn't this make you a victim of a crime?  if it were me I'd tell them that I'd become so stressed/depressed that I'd gambled all my money away on the 'pokies' and go bankrupt. ,someone somewhere must be able to give you sound advice, write to David Koch from "Sunrise' he's helped a few folk personally, legal aid?

Is the loan company harassing you for payment? get your story in the local news and make this man's name known and other victims may come forward.

Of course I'm no expert and this may read like a load of rubbish but life's too short to feel as though you only exist to pay money to an organisation that can afford to take the loss.

These fraudsters shouldn't get away with this stuff and it's not your fault , thousands of honest,caring people are taken advantage of every day. I feel for you and hope that you get the advice and outcome you need  

Hello Debera,so sorry to hear you have been ripped off mate,sort of destroys your faith in humanity,its not so much the money but the fact you have been betrayed,thats what hurts.

Maggs advice is pretty good advice too.

Do you know where this mongrel lives?

Do you not have any friends who can "pay him a visit"

There are a lot of different ways to skin a cat,but sometimes that leads to more problems you dont need.

What state do you live in Debera if you don't mind me asking?

Try to not stress so much mate,that won't help but i know it is easy for me to say,but every dog has his day mate,believe me I know that to be true,karma is a funny thing.

Take Care Sweetheart.

Regards Billy

Debera

As well as what Maggs said,

Go back to the Police and let them know he is defying the court order. they will find him especially if he has a motor vehicle

Also you should be entitled to free legal aide to take it back to court and arrange to garnishee his wages/pension.

If anybody else wants to borrow money send them to the bank and do not do it for them.

Hi Maggs, Billy and Abby,  thank you for taking the time to respond and for your suggestions.  Billy, I wish I did know where he lives and had someone to go visit him!

The Police are NOT interested - it is old news, the case has been tried, I 'won' and he has to pay me, it's just that there isn't anyone to chase these things up on your behalf.  I live in NSW by the way.

The Director of Public Prosecutions said the fraudster was a sociopath.    I wonder if he is working so that I could apply for a garnishee.  He'd have a way of weazeling out of that too I suppose, but I will ask.

kind regards

Deb

 

There are some logical comments here, but not well informed in Law.  All states differ a little but the legal practices are similar.  There is no access to Legal Aid in any State, other than Criminal matters against you personally.  If you are able to locate where he works, you can take the judgement to any Court House & take out a Garnishee Order.   In most States you can go to the Court & apply for Victim's Compensation, which is paid by the State.  You say you borrowed the money from a bank.  I hope this was not backed by a mortgage.  If it was a PL or Overdraft, you can go to your local Court, admit the debt & apply for very low repayments.  After these repayments have been in place for a few months, you can usually make an offer of settlement, to the Bank of around 20% of the debt & they will accept it as a total settlement.  The best way of recovering your money is to go to a small debts collection agency.  Tell them that he owes you $75K which includes the collection fee of usually 20%.  These shysters are amazing at tracking down & collecting from debtors.  Good luck.

Hi Innes

thank you for the advice.  I will do as you suggest, although the debt was ammalgammated with my mortgage and so I;m paying them off as one repayment (for the next 25 years - I've been repayng the debt this way for 7 years now.

Deb

Hi debera.  Did you sign any documents to merge the debt with your mortgage, or did the Bank just go ahead & do it of their own volition?  Which Bank was it & in which State?  When the Bank granted the loan, did they explain all the legal Technicalities to you & suggest that you get independant advice?  Is your mortgage granted on a variable rate or is it fixed?  You did not mention your age or your source of income.  If you are on the aged pension, it could be important.  If you would prefer to write direct, you can be more private on    [email protected]    I would be more than happy to help if possible.

This does raise a bigger issue of the law where those with a genuine grievance cannot afford to use the law . Particularly against corporations where they will simply be outspent

Good comment Pete.  Unfortunately justice is only a word in the Dictionary.  Unfortunately the only people that have any chance of Justice are the very rich & the very poor.  The most unfortunate fact is that most of the very poor have no knowledge of the system that they can use in their benefit  I have assisted a number of people that have become victims of the system & our Pro Bono success rate has, so far, been 100%.

How do the poor have any chance  "justice"

There are all sorts of Government funded aids available to those with no money Pete.  These are not available to the "Middle Class"  The Boat people are often knocked back by the Immigration Department & the the do gooders take the matter to DIAC where the Government funds some of the best Barristers & QCs in the Country to easily defeat the Immigration "Hacks"  You might remember the recent case in Brisbane, where a well to do Real Estate Agent has been charged with murdering his wife.  A top QC would probably get him an innocent judgement.  Cost $6,000 to $7,000 per day.  He has lost his business, his home & his children & will be bankrupted for his Legal Fees.  Even if he is found innocent, he has no recovery whatsoever & is unemployable.  Is that justice?

What is DIAC 

Sorry Pete. The Department of Immigration Appeals Court.

Hello Debera,

Well what an infux of advice,and its all good advice too,there are "certain" people (no names,no packdrill) who recover money from fraudsters like this mongrel,but sadly they do take a fair percentage of the debt.

You have had some good legal advice here (Innes) especially,but no matter what we say sympathy will not recover your money,Is this bloke an Australian? or an import?

I think the best advice is to approach your bank/lender and take all your paperwork and go for the sympathy vote,cant do no harm,maybe you have alreadt done that,but if not try it.As much as I feel so sorry for your predicament there is not much that any of us can do except give advice,that in itself is more distressing than the crime,but,I'd see the lender first and state your case,you may find a sympathetic ear.

Good Luck and try and have a nice day.

Kind Regards Billy

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