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Service Required: I would appreciate your advice and assistance please. History: My husband has lost his job in January 2018, I am the only income in our household. My frail parents also reside with us. Since my salary was not even enough to cover our rental, water and electricity we fell behind, mid-June 2018, the owner of the house we rented gave us two weeks’ notice. Being in a challenging financial situation, obtaining the deposit for a new place was impossible and it place us at a risk on being homeless, with to parents, of which one is basically bedridden. We approach a friend, to assist us with the funds to obtain a new house. He agreed but was only able to assist after month end, however we needed the deposit and rental before we could move in. My mother has eye operations and the medical paid the doctors payment into her account. She agreed to borrow us some of this money. We paid the deposit and rental for the new place, and moved in. Thankfully we were not homeless. However, the picture changed the Tuesday and the “friend” was no longer prepared to assist us, and the doctor demanded his payment. The total amount due to the Doctor is about R55,000, we managed to get R16500 together which was already paid over to the doctor this leaves us with a balance of about R38500.00 which we must raise. However, I am listed on credit buro and my husband unemployed therefore we cannot obtain a loan at any financial institution We contacted the doctor and was open and honest with his, explained the situation, we offered to repay him R2000 pm up to November and then minimum R10 000.00. Should my husband obtain employment in the interim we will increase the monthly amount. He de

Amended by author 23rd July 2018, 10:55

My husband has lost his job in January 2018, from when onward I am the only income in our household. My frail parents also reside with us.

 

Since my salary was not even enough to cover our rental, water and electricity we fell behind with this, mid-June 2018, the owner of the house we rented gave us two weeks’ notice.

 

Being in a challenging financial situation, obtaining the deposit for a new place was impossible and it place us at a risk on being homeless, with to parents, of which one is basically bedridden.

 

We approach a friend, who own his own business and is financially strong to assist us with the funds to obtain a new house. He agreed but was only able to assist after month end, however we needed the deposit and renal before we could move in.

 

My mother has eye operations and the medical paid the doctors payment into her account. She agreed to borrow us some of this money. At NO STAGE did we have the intention of stealing the money our intention was BORROWING it from Saturday to Tuesday based on commitment from a friend to assist us.

 

Problem

 

We paid the deposit and rental for the new place, and moved in. Thankfully we were not homeless. However, the picture changed the Tuesday and the “friend” was no longer prepared to assist us, and the doctor demanded his payment.

 

The total amount due to the Doctor is about R55,000, we managed to get R16500 together which was already paid over to the doctor this leaves us with a balance of about R38500.00 which we must raise. However, I am listed on credit buro and my husband unemployed therefore we cannot obtain a loan at any financial institution We contacted the doctor and was open and honest with his, explained the situation, we offered to repay him R2000 pm up to November and then minimum R10 000.00.  Should my husband obtain employment in the interim we will increase the monthly amount. He declined the offer and advised the he will be filing a fraud case against my mother. She is 69 years old, almost blind, and bedridden, I really cannot allow this and told him that I will take responsibility for the repayment of the money. I have tried my utmost but were unable to obtain the funds.

 

Can the Dr file a case of fraud case against me or my mother?

Can either of us be arrested

Does the fact that we paid back some of the money and tried to arrange for the rest count anything?

In a nutshell, PLEASE HELP

Category:  Criminal Law, Appeals

Region: South Africa, Gauteng