ChatterBank0 min ago
advice on insolvency needed urgently
Hi, Basically, I met a guy last year, when I was looking for casual work to pay off my student debts, who told me he was an amateur photographer. He said he would pay me to take photos. We did a few sessions but then he got more and more extreme in his demands, knowing full well that I needed the money. This then escelated to the point where he was giving me quite a lot of money for small amounts of work. He was asking for nude pictures etc. This agreement then collapsed as I was no longer willing to do such pictures. He then came up with the idea of spending time together to clear the so called debt. He requested nude hugs, touching up top etc and other perverted things. To cut a long story short, he has been harassing me asking for the money back seen as I, apparantly, broke our agreement. He has found out my new place of work and has sent me an e-mail informing me of a Statutory Demand Form under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable immediately. This guy is seriously scaring me (may well be his intention to do so)...he has harassed me with text messages and has recently written to my bank, forging my signature in an attempt to get money transferred to his account. This situation is causing me so much stress and I have to deal with this asap as otherwise he threatens to inform my current employer (which will obviously not look good on me). I have a friend who tells me I should go to the police but I'm not sure the best action to take. The only proof he has of paying me is that money has gone from his account (cash withdrawal) and the same amount has been deposited into mine. I signed nothing and don't know where I stand. Please help!!!
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(Multi-part post):
There are many different legal points tied up together here. They involve contract law, insolvency law and criminal law.
It's clear that you entered into a contract with the photographer. (A contract is just as valid when it's only verbal as when it's in writing. However, the lack of a written contract makes it more difficult for either party to prove a case in law). That contract obviously constituted an agreement that, in return for payment, you would act as a model for the photographer. While that much is clear, things now get a bit 'hazy'. If the contract was agreed solely on the basis that you would only do clothed modelling, you will not have broken the contract by refusing to do nude work. In which case, the photographer would have no right to pursue you for a refund of the money he had paid to you. However, if you accepted payment in advance for nude modelling (or where it was clear that nude work might be involved), the photographer has a legal right to claim a refund of his money.
There are many different legal points tied up together here. They involve contract law, insolvency law and criminal law.
It's clear that you entered into a contract with the photographer. (A contract is just as valid when it's only verbal as when it's in writing. However, the lack of a written contract makes it more difficult for either party to prove a case in law). That contract obviously constituted an agreement that, in return for payment, you would act as a model for the photographer. While that much is clear, things now get a bit 'hazy'. If the contract was agreed solely on the basis that you would only do clothed modelling, you will not have broken the contract by refusing to do nude work. In which case, the photographer would have no right to pursue you for a refund of the money he had paid to you. However, if you accepted payment in advance for nude modelling (or where it was clear that nude work might be involved), the photographer has a legal right to claim a refund of his money.
In regard to the suggestions of nude hugs, etc, it's not a criminal offence (other than in circumstances which don't apply here) to offer someone payment for 'intimate services'. However, it might be deemed an offence if someone used the existence of a debt as a means to attempt the coercion of someone to provide such services. (i.e. if the police were to get involved, they would have to examine whether the man was simply making a lawful offer of payment or whether he was exerting 'coercion'. My feeling is that the Crown Prosecution Service would probably rule that there was insufficient evidence to bring a successful case against the man).
If someone genuinely believes that someone else owes them money (even though the other person might not believe that any debt exists), they have every right to take legal action in pursuance of that debt. However, it's a criminal offence to harass someone in pursuance of debt. (i.e. if the police were to become involved, they would have to decide whether the photographer's actions amount to harassment or if he's just exercising his legal rights).
Up until now, I've tried to warn you of the problems that the police might face in taking any action against this man. [i.e. it would be difficult to prove 'coercion' relating to the suggestion of intimate acts and it might be hard to prove harassment in relation to his pursuance of the (alleged) debt]. However, if you've got evidence that he forged your signature, in an attempt to withdraw funds from your account, there are no 'grey' areas here. Quite clearly, he has committed a criminal offence and the police would be able to bring him before the courts.
If we accept that a debt exists (or that the photographer genuinely believes that a debt exists), he has the right to pursue you through the civil courts. What is rather surprising is that he has not sought to use the small claims procedure. Instead, he is seeking to make you bankrupt. A statutory demand can't be served by e-mail. It has to be served in person. So he might only be bluffing. If you do receive the demand (and don't pay) he will be able to petition the courts for your bankruptcy. However, he can only do so based upon your inability to pay. If the debt is contested (e.g. you state that you don't owe him anything) the bankruptcy court would require that the matter should be resolved (for example, by the small claims procedure) before they would take any action towards declaring you bankrupt.
I suggest that you definitely report the guy to the police with regard to his attempts to forge your signature. Additionally, they might think that his threat to tell your employer about the matter could amount to 'harassment for debt'.
If we accept that a debt exists (or that the photographer genuinely believes that a debt exists), he has the right to pursue you through the civil courts. What is rather surprising is that he has not sought to use the small claims procedure. Instead, he is seeking to make you bankrupt. A statutory demand can't be served by e-mail. It has to be served in person. So he might only be bluffing. If you do receive the demand (and don't pay) he will be able to petition the courts for your bankruptcy. However, he can only do so based upon your inability to pay. If the debt is contested (e.g. you state that you don't owe him anything) the bankruptcy court would require that the matter should be resolved (for example, by the small claims procedure) before they would take any action towards declaring you bankrupt.
I suggest that you definitely report the guy to the police with regard to his attempts to forge your signature. Additionally, they might think that his threat to tell your employer about the matter could amount to 'harassment for debt'.
As far as the statutory demand is concerned, remember that he might just be bluffing. (Petitioning the courts for your bankruptcy might cost him a great deal of money in court fees). If you do receive the demand, write back (using recorded delivery) challenging the debt. (i.e. state that you believe that you had satisfactorily honoured your part of the contract in respect of the payments received). He won't be able to successfully petition for your bankruptcy until the matter of whether you actually owe any money has been resolved.
If you're worried about your employer finding out, why not have a quiet word with your boss and give him/her a very brief version of the situation, e.g. "Some time back I agreed to do some modelling for a photographer but I pulled out when I wasn't happy with the type of photographs he wanted to take. He's now hounding me for the money he says that I owe him and I'm worried because he's e-mailing me at work". Everything there is completely true and any sensible employer is going to be pleased to hear that you had the courage to pull out of an arrangement which you weren't happy with. They'll also be glad that you've told them about something which is worrying you at work.
Chris
Just one small point to add to Buenchico's very full answer. If the alleged debt is less than �750 he can't get a bankruptcy order anyway. If it is a little more than that and your contact with the police does not bring this to an end, it may be worth paying him sufficient to bring it below �750, but making it clear in recorded delivery writing (keep a copy) that you do not acknowledge any debt at all and are only making the payment to dispose of the bankruptcy threat. But I would suggest you do not do this until you have been to the police and see how things pan out from there.
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