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liljesska's avatar

Pesrsonal, verbal loan agreement?

Asked by liljesska (22 points ) January 11th, 2014

So my husband & I were seperated and going through divorce. I started seeing someone long distance, who is in a business (IBO) called ACN.
At the time I was a stay at home mom, therefore had no income coming in. My boyfriend eagerly wanted me to join his business and partner up with him. Only problem was that it cost $499 to join, which I clearly didn’t have. He kept offering to pay the fee but I didn’t want him to because I didn’t have the meens to pay him back. He then said, “Ill pay it for you and when you make your commission, you can pay me back”. I agreed. We never put anything in writing.
My boyfriend came to stay with me for 1 month so we could work on the business, which we didn’t end up making any money off of. I quickly learned that in the business of ACN, you have to spend money on trips to their Nationals and one was coming up in LA.
Before he left to go back to Virginia, he said “don’t worry about paying me the $499 just buy your ticket to LA so you can come with me”. Again I agreed but nothing in writing. I do have two witnesses whom were present during the conversation.
After he left, I couldnt get the funds up in time for the the National and he was getting way too pushy about the business. Things weren’t working out between us due to the long distance relationship, so I broke it off.
Time went on and I started working things out with my husband. My husband & ex boyfriend were arguing on Facebook, next thing I know, my ex sends me an invoice from PayPal stating I had 30 days to pay him or he would take me to court. I was scared so agreed to pay him when I got my income tax 2014.
My ex kept texting me EVERYDAY regarding our business and I asked him nicely to stop texting me as it was interfering with my marraige and he said “then pay me”. My husband found out about the text messages and again had words with him on Facebook.
So on Christmas 2013, my ex sent me another PayPal invoice threatening to take me to court if I don’t pay him by February 1, 2014. Oh and the first time the guys had words on Facebook, my ex told my husband he doesn’t even care about me paying him back too.
I just don’t know what to do? I found out that my ex didn’t follow ACN policy & procedures when he signed me up for the business because he did it in Virginia on his computer and not me, while I was in NH. So technically the electronic signature agreeing to the business terms, isn’t even mine.
I just feel like he was conducting bad business practices and is a flip flopper, who is bitter and won’t let go.

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8 Answers

ragingloli's avatar

Never, ever, do anything without having it on paper and with all the participants’ signatures.
Anyway, good luck to him proving anything.

liljesska's avatar

Obviously that was my bad. I worked in banking for over 10 yrs so know better. Not trying to make excuses but at the time was in a completely vulnerable state of mind. I’m not a scumbag who rips people off and have ALWAYS paid back money lent to me. However he told me I didn’t have to repay him and now that he is bitter, of coarse he wants his money back. Again, I’ve never pulled this with people whom I’ve lent money to. If I told them“don’t worry about paying me back” I’ve never flip flopped and told them they now have too.

Pachy's avatar

If I were you I’d notify him in writing that you will begin laying him back on a schedule and then pay him regularly, whatever amount you can afford. It shows good faith and he’ll have no cause to take you to court. But don’t do it via PayPal. Send him certified checks or money orders directly. But talk to an attorney before you do anything.

LilCosmo's avatar

Beyond the scope of Fluther, contact an attorney.

Pachy's avatar

Ooops, sorry about the “L” instead of a “P,” @ liljesska. A very bad typo and another reminder to me that commenting via iPhone is risky.

bolwerk's avatar

Given that you have witnesses, you’d probably prevail in court if he sued you. As long as he doesn’t have means to wreck your credit, I wouldn’t worry.

Judi's avatar

Well, ACN IS a scam. Block him on Facebook, email and your phone. Contact paypal and tell him he’s harassing you. If he takes you to court then go to court. He will have to come to your state to do it. Explain this Jerry Springer drama to the judge and let him figure it out. I have a feeling that since you did agree at two different points to repay it you will probably get stuck with something if it goes to court but I have a feeling that it won’t go that far. It will cost him more in travel to your state to try to take you to cour than the $500 he’s trying to get out of you.

RealEyesRealizeRealLies's avatar

Good luck with it.

Personally, I never borrow. I never loan.

But I will give, or take, or not.

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