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snuggels
960 Posts |
 Posted - 16 Nov 2011 : 14:56:34
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Does anyone know the law ???
A relative in Gambia borrowed 1500 Dalsi from someone they new for a business venture. The business did not succeed and obviouly the person wants the money back
The relative is now beiing held by the police with the threat of a 5 year jail sentence unless the money is repaid
My take on this is basicaly that a business goes bust is not a criminal offence punishable by prison
I appreciate the person wants the money back but its gone
They both new it was a gamble they both took a risk so are equaly guilty
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Edited by - snuggels on 16 Nov 2011 15:41:09 |
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Lily
United Kingdom
422 Posts |
Posted - 16 Nov 2011 : 19:17:47
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I suspect that if you borrow then you have to pay back - though I think 5 years is highly unlikley for 1500D (so I'm guessing it was more?!).
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snuggels
960 Posts |
Posted - 16 Nov 2011 : 19:33:04
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| The 5 years and the 15000 dalasi owed is what the police have told me |
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snuggels
960 Posts |
Posted - 18 Nov 2011 : 00:55:23
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Just a thought.
If you owe money to a private person and default surely its a civil matter not a criminal police matter. Obviously unless there was fraud involved
Is this the case or not in Gambia |
Edited by - snuggels on 18 Nov 2011 00:56:37 |
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snuggels
960 Posts |
Posted - 18 Nov 2011 : 10:50:08
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I have now checked out the situation and as I thought here in the Uk it is a Civil matter not a police matter unless there was fraud or deception to obtain the loan But dont know about Gambia CAN ANYONE FIND OUT WITH YOUR CONTACTS IN GAMBIA
The following may be of interest in these times of austerity
Debt Law Myths
The laws relating to debt have built up and developed over a considerable length of time. Equally, various spurious concepts have also built up over the same period.
It is essential that you develop a passing knowledge of debt law
An essential point to grasp is that you as debtor are responsible for paying your obligations. The creditor has an absolute right to secure return of their loan, (provided it was a legal agreement freely entered into in the first place).
This might seem an obvious point to make, but it is not uncommon for many people seem to think that if a debt burden becomes intolerable due to changed circumstances then they have a right to be discharged. This is simply not the case. Clearly, the old saying “circumstances alter cases” applies with debt proceedings as it does in any other form of legal enforcement, however, you should always assume that the obligation to repay your debts while it might be delayed, will not be cancelled.
That said you are perfectly entitled to make representations about your financial situation, to both your creditor and, if necessary, the courts. But, in neither case are they obliged to listen to or concede your points. Your case can be dismissed in its entirety.
HEAD IN THE SAND
Another myth is that you can avoid any legal obligation for debt by simply refusing to acknowledge the obligation. Many people believe that by not answering letters or phone calls, they will frustrate any attempts at enforcement. Wrong again. By ignoring requests to pay all you do is pile on cost and, generally make things worse. If it comes to court, the presiding magistrate will be told you were offered a chance to communicate with the creditor but turned all reasonable opportunities down. This will not count in your favour.
A further myth is that if you have a family, or are elderly, or sick, creditors are obliged to treat you leniently. Not the case. Creditors are not legally “obliged” to treat anyone differently because of their circumstances. Though, in practice, many do.
Another popular misconception about the legal rights of creditors is that they do not have the right to “harass” or “intimidate” a debtor. Of course in strict terms this is correct. But the definition of harassment and intimidation can vary. Obviously, physical threats are against the law, but it is not considered unreasonable to write a series of letters or make phone calls threatening legal proceedings.
A recent test case went before the European Court of Justice which ruled that a bank was not harassing an elderly and sick couple, even though they were able to show its call centre was making a large number of calls through the day and night.
Threatening to go to law is not considered to be intimidating of itself but a mere statement of rights and intent.
Like other forms of legal procedure, debt law operates under a Statute of Limitations. Basically, this means creditors are given a set time to pursue their debt. The time spans are defined under the Limitations Act of 1980.
However, this does not mean that if you ignore a request for a period of time the debt is legally invalidated. For one thing, the creditor must not have attempted to contact you in a set period of time, most often six years. Furthermore, if the creditor has previously obtained a county court judgement against you (a CCJ) or you have made a payment to the account within the last six years (this includes anyone else named on the credit agreement) or you have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists - then the limitation does not apply.
In practice it is best not to rely on your debt obligation being ruled as invalid due to time passing. And, remember, although after a period, a creditor cannot get the courts to pursue you they can still pursue the matter in other ways - through your credit rating for example.
If the creditor gets a CCJ against you and you enter an agreed system to pay, you should be aware that these proceedings will be entered on the county court register of judgements, where it will remain for six years.
WIPED CLEAN
These judgements are open to credit agencies to check on a borrower’s background. It is possible, if you pay within a month, to have the entry removed for a small fee. So, do not imagine, as many do, that if you abide by a CCJ and make the payments the debt is wiped clean. You can still find unpleasant consequences resulting. You may have problems obtaining credit even after you have met the terms of the CCJ.
Many of those in trouble with debt believe that if their debts are relatively small, then the creditor will not seek to pursue them as it will not be cost effective.
To a limited extent this is true. £750 is the amount for which a creditor can sue for bankruptcy although this is a relatively small amount of money and can quickly be arrived at through charges, late fees etc.
A popular impression about debt is that government bodies and local authorities will not try to use proceedings to remove you from your house. This too is incorrect. Local Authorities and the tax office etc are under statutory obligation to pursue debts as far as possible. That means they are practically obliged to seize your assets (mainly your house) in repayment if there is no other way of getting the required funds.
If you are going to take your debt situation seriously you should ensure you know the basics about the laws relating to debt. Make sure you go to a good credible source; there are a lot of myths around and believing them could cost you dear.
Source: Debt Law Myths
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Edited by - snuggels on 18 Nov 2011 11:49:01 |
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Scorpiorain
Barbados
152 Posts |
Posted - 01 Dec 2011 : 00:40:23
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| In Gambia anyone can be held by security forces for real or perceived crimes. The debtor may well stay there unless someone comes to their rescue and pays the debt. It's that simple. The suggestion that they should be taken to small claims court and receiving a CCJ is not going to happen. Sorry. |
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snuggels
960 Posts |
Posted - 01 Dec 2011 : 01:02:32
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| ok what you are saying is its a police matter in Gambia as against in England its a civil matter |
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Scorpiorain
Barbados
152 Posts |
Posted - 01 Dec 2011 : 14:32:52
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| What I'm saying snuggles is that it's not specifically a police matter but if you take someone to the police they will deal with it and take their cut. No point passing to civil court as the police wouldn't be able to get anything out of it and the more money available for collection the less likely they will discard the case! |
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snuggels
960 Posts |
Posted - 01 Dec 2011 : 14:39:22
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| Yeah Yeah I hear what you say about the police. Even if by law its a civil matter as usual they make the rules up as they go along Just so they can get a cut of the action. Yep thats Gambia |
Edited by - snuggels on 01 Dec 2011 15:30:21 |
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Scorpiorain
Barbados
152 Posts |
Posted - 01 Dec 2011 : 21:50:45
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Prince
507 Posts |
Posted - 01 Dec 2011 : 22:23:30
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When it comes to Gambians and money, the rule of thumb is: Do not loan out money you cannot afford to give up!
If the money is out the best thing to do is seize something of value or name and shame them. Every other effort is a complete waste of time, energy and resources. |
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jambo
3300 Posts |
Posted - 30 Dec 2011 : 14:48:56
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i understand the business is bust, but if i loaned you the money i would still want it back, why should i suffer, it was a loan.
I appreciate the person wants the money back but its gone
They both new it was a gamble they both took a risk so are equaly guilty
why would would i be guilty for giving a loan, that is not making sense to me.
your relative is at fault for not making the terms and conditions of the loan understand, they both took a gamble.
obviouly the person wants the money bac |
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toubab1020
12314 Posts |
Posted - 30 Dec 2011 : 14:56:34
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SNUGGLES, the "law" in Gambia is "different" from that of the UK,please re-read the excellent summing up on this subject given by Scorpiorain,this is the way it is,no matter how much you write on this topic it will not change the result,a rule of thumb to always bear in mind is "only give money to a Gambian NEVER NEVER loan money to a Gambian."
quote:
Originally posted by Scorpiorain
In Gambia anyone can be held by security forces for real or perceived crimes. The debtor may well stay there unless someone comes to their rescue and pays the debt. It's that simple. The suggestion that they should be taken to small claims court and receiving a CCJ is not going to happen. Sorry.
More excellent advice from PRINCE:
"When it comes to Gambians and money, the rule of thumb is: Do not loan out money you cannot afford to give up!
If the money is out the best thing to do is seize something of value or name and shame them. Every other effort is a complete waste of time, energy and resources."
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 30 Dec 2011 15:00:06 |
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snuggels
960 Posts |
Posted - 17 Jan 2012 : 17:24:58
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As it was the season of goodwill Prior to leaving the UK for my winter hols I paid of this dept
So no threat of a prison sentence prison sentence If that truly had of been the case as stated by the police to me |
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