Legal Advice

AmericanDragon

So this is my first post on here and just wanna ask some legal advice to possible soliticor, lawyers, people studying law or any interest in law. So about a month ago over PayPal I loaned an aquatence I played poker with a substantial amount of money for myself €250 over s number of transactions. I don't usually lend money of this magnitude to anyone but I was under the pretence that he has wonmoney on his online poker account showed me a screenshot and told me that it would be a few days that it would be transferred into his bank.
To cut a long story short he has delayed delayed and delayed and only found out a few days ago the whole reason for the delays as he gambled the money away and has a gambling problem. I got onto PayPal and they seem that they can't help as the option to send the money was done as a friend to friend option over their site and if it was done as good and services it would have had some guarantee. Also the bank can't reverse it either as PayPal was the third party inbetween. I'm stuck at a crossroads as for the last 2 weeks everyday I've been onto this person and kept asking where is my money as I really did need it for Christmas and has really ruined my Christmas plans and put a damper on it for me. I live in Cavan and he lives in Fermanagh and just need to get some legal advice and find out what to do. I rang FLAC.ie around a week ago and left a voice message but assume they are on holidays for crimbo and won't hear back from their till the new year. I feel this is more then just lending money I've been lied and defrauded on false pretence and wonder what the best cause of action to taken. Just to add I was promised am extra €50 for helping him out and money was for a new phone. At this stage j couldn't care less about an an extra €50 even though it would be nice for all the hassle and hardship the last month. I don't wanna look for sympathy but wanna just make this point I do suffer with anxiety and this has caused me a lot of sleepless nights worry and anxiety not knowing when or if if will get money back. If I was to peruse the legal route would it be morally right to seek compensation on top of the money owed?

beauf

The charter

https://www.boards.ie/vbulletin/showthread.php?t=2057083888

whippet

You won’t get the money back .. you can be sure he has plenty of other ‘friends’ who are owed money .. problem gamblers will lie and steal their way to more money to chase previous losses

Samuel T. Cogley

The amount of money means it's not worth pursuing - it will cost more to go to court. Learning experience and all that.

As for compensation very few contracts allow for compensation for stress etc. The only one I'm aware of is package holidays.

katiek102010

Fermanagh? Do a money claim online through UK small claims but unless you have it in writing via text email that it was a loan you don't have a hope

kirving

The golden rule is never to lend (or gamble, or invest) money which you cannot afford to lose.

While €250 is a lot of money, I would suggest that you count yourself lucky it wasn't more, and walk away. You'll cost yourself a lot more than that in lost time, stress and legal fees trying to recover it.

While I don't think people like that should get away without repaying their debt, you now know that you're dealing with someone who has a serious mental health difficulty, probably owes lot of people money, and is under extreme pressure.

Be careful with the amount of pressure you exert in trying to get it back, you don't want their suicide on your conscious.

If it's a friend, do what you can to help them get over their addiction. If it's not, point them in the direction of gambling addiction services, walk away, and chalk up the €250 as a lesson learned.

AmericanDragon

whippet wrote: »

You won’t get the money back .. you can be sure he has plenty of other ‘friends’ who are owed money .. problem gamblers will lie and steal their way to more money to chase previous losses

Well we have another mutual friend he owes money I'm not sure how much, i've been told to contact local authorities or cyber crime because technically it was done over the internet and i was defrauded i will not let this person get away with this at all. i'm waiting to hear back from FLAC. yes i only found out after the fact about his gambling problem and seen some articles online about him being convicted for similar fraudulent crime.

AmericanDragon

Samuel T. Cogley wrote: »

The amount of money means it's not worth pursuing - it will cost more to go to court. Learning experience and all that.

As for compensation very few contracts allow for compensation for stress etc. The only one I'm aware of is package holidays.

well i will contact the cyber crime and ask what FLAC say. a lawyer who is retired did use the similar term of chasing bad money with good money. he said he will give me something next week and will take weekly payments if not then legal route i am too stubborn to let someone away with this especially when i was lied to and defrauded. its a learning experience for sure not to be so naive again.

SusieBlue

If you transferred the money via F&F on Paypal you literally have zero comeback & protection, because in order to send money using this method you have to tick a box to confirm the reciepent was a friend and that it wasn't a business transaction.

On paper, no fraud or cyber crime was committed. Its the exact same as if you leant him hard cash & he went back on his word. The fact that you lent it via paypal is irrelevant.

AmericanDragon

katiek102010 wrote: »

Fermanagh? Do a money claim online through UK small claims but unless you have it in writing via text email that it was a loan you don't have a hope

As stated in the post it was done through Paypal. I live in the south he lives in north i dont know enough about all the legal jurisdiction about it all. i have it all in writing over Facebook messages and how he defrauded and lied to me to get the money too.

AmericanDragon

AmericanDragon wrote: »

well i will contact the cyber crime and ask what FLAC say. a lawyer who is retired did use the similar term of chasing bad money with good money. he said he will give me something next week and will take weekly payments if not then legal route i am too stubborn to let someone away with this especially when i was lied to and defrauded. its a learning experience for sure not to be so naive again.

Go speak to a therapist. Ask why are you spending so much time worrying about a relatively small sum of money that's likely beyond recovery.

You lent money to a gambler, you may as well seek money from the homeless guy... as for compensation. None. You'll spend days of your time wasted for what, less than a day's work. Your pride is hurt, but the man you are seeking is a lost cause. Take the New Year as an opportunity to let it go, you'll do yourself a great good.

AmericanDragon

Kevin Irving wrote: »

The golden rule is never to lend (or gamble, or invest) money which you cannot afford to lose.

While €250 is a lot of money, I would suggest that you count yourself lucky it wasn't more, and walk away. You'll cost yourself a lot more than that in lost time, stress and legal fees trying to recover it.

While I don't think people like that should get away without repaying their debt, you now know that you're dealing with someone who has a serious mental health difficulty, probably owes lot of people money, and is under extreme pressure.

Be careful with the amount of pressure you exert in trying to get it back, you don't want their suicide on your conscious.

If it's a friend, do what you can to help them get over their addiction. If it's not, point them in the direction of gambling addiction services, walk away, and chalk up the €250 as a lesson learned.

well that is a good rule, but i would admit my naivety and thinking i would make an extra €50 so greed got the best of me. Well for me personally its a lot of money i know what your saying that it wasn't more but this is more about principle and the fact that this lad has a criminal record and could post 3 separate articles in this thread about the lad and fraud he has done. i am waiting to hear from FLAC and see what they say.
Well he has a gambling issue dunno if its a mental health problem more an addiction then anything else. he was able to go out and enjoy himself over crimbo i couldn't and couldn't get all the presents i wanted for people.
Who knows how many people he owes and how much but tbh that's not my problem or concern as harsh as that sounds. i am putting enough pressure on less so since i found out it was all lies which was nearly 8 days ago now he says next Monday which we will see and that would be 6 weeks pretty much. i suffer with anxiety should he care about my mental health and what its caused this month plus.
He is more of an acquaintance that ive met a few times i told him he needs to sort his ****e out he has 2 kids and needs to focus on them and get help for his addiction. im too stubborn to walk away tbh.

AmericanDragon

SusieBlue wrote: »

If you transferred the money via F&F on Paypal you literally have zero comeback & protection, because in order to send money using this method you have to tick a box to confirm the reciepent was a friend and that it wasn't a business transaction.

On paper, no fraud or cyber crime was committed. Its the exact same as if you leant him hard cash & he went back on his word. The fact that you lent it via paypal is irrelevant.

I know that it was done as a friend vs friend transaction over Paypal if it was done as a service then there would be protection they said over their chat contact local authorities and no there is Facebook messages on why the reason of the money was lent and the pretense i would get it back but he has lied and defrauded me and gambled the money away which is money he owes me. he showed me he had £1000 in his online poker account and that extra money would be given. i will see what FLAC or cyber crimes would say plus he has criminal convictions for similar issues so think thats not good on him at all.
well Paypal have some protection even if it was sent as a friend in cases like this but they seem to just wanna wash their hands and say go to bank or another way to resolve it.

whippet

Your frustration and anger is understandable.. however the reality is you won’t see this money again ... as you suffer anxiety you really should just drop it .. pursuing this will not help your mental health.

The guy does not have the money ... and as soon as he gets hands on cash it will be used to gamble .. that is what happens with compulsive gamblers .. they never have cash to pay back

AmericanDragon

Deleted User wrote: »

Go speak to a therapist. Ask why are you spending so much time worrying about a relatively small sum of money that's likely beyond recovery.

You lent money to a gambler, you may as well seek money from the homeless guy... as for compensation. None. You'll spend days of your time wasted for what, less than a day's work. Your pride is hurt, but the man you are seeking is a lost cause. Take the New Year as an opportunity to let it go, you'll do yourself a great good.

oh right well i suffer with anxiety anyways and me trying to be good but ultimately being conned and naive has cost me €250. you might not think its a lot but it is to me and your stupid sarcastic little comment can go where the sun dont shine.
i lent money to someone who i've dealt poker with a few times and played poker too. i briefly heard that he had been in jail never asked and also didn't know he was a gambler at all. Right less then a days work what do you work as because very few jobs are more then €250 a day thats for sure unless you have a top top job. i am too stubborn to let it go and he shouldn't get away with it and will continue to pursue it till justice is served,

splinter65

AmericanDragon wrote: »

oh right well i suffer with anxiety anyways and me trying to be good but ultimately being conned and naive has cost me €250. you might not think its a lot but it is to me and your stupid sarcastic little comment can go where the sun dont shine.
i lent money to someone who i've dealt poker with a few times and played poker too. i briefly heard that he had been in jail never asked and also didn't know he was a gambler at all. Right less then a days work what do you work as because very few jobs are more then €250 a day thats for sure unless you have a top top job. i am too stubborn to let it go and he shouldn't get away with it and will continue to pursue it till justice is served,

I guess I’m lucky in that I’ve never been in a financial position where I had €250 to loan anyone. I always had to pay my rent/mortgage, buy home heating oil tax the car etc so €10 would be tops. And I’d never look for that back. My daughter “borrows” but I never ask for it back. She’s my priority.
Addicts are sick. They are desperate to feed their habit and are constantly needing cash to get a fix. Even if he won money with the €250 you gave him he wouldn’t have given you back your stake. He’d have just kept gambling till it was all gone.
He forgot about you and your arrangement as soon as you gave him the money.
They identify someone who they can manipulate, mostly kind hearted people like you, and go for the kill. He’s not ever going to give you the money back.
My husband once fell for a sob story from a long time friend, unexpected pregnancy, wife out sick from work, can’t pay mortgage, suicidal, will pay you back when she goes back to work etc
All lies. €600. We still don’t know what he wanted it for, but his wife wasn’t pregnant or out sick. Hubbie rang, wrote texted emailed to no response. Had to let it go in the end.
Don’t let this guy waste any more of your energy. He’s a loser.