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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Background: I notified our Area Fraud Squad, who on seeing

Customer Question

Background:

I notified our Area Fraud Squad, who on seeing the evidence I had, stated that this was nothing but blatant fraud and deliberate misrepresentation, notified the English Fraud Squad in whose area the crime of the deceit/fraud and deliberate misrepresentation was committed against me, by the solicitors involved. The English Fraud Squad stated because solicitors were involved, they had to notify the S.R.A. for them to investigate the evidence and reach a favourable conclusion before the Fraud Squad could even look at the case. The S.R.A. Conclusion was that the solicitors committed no misconduct.

A complaint has been submitted against the conclusion reached by the S.R.A., who now state “criminal matters are dealt with by the Police, whereas our remit is tied to compliance with the Code of Conduct and other related Guides and Rules.”

The S.R.A. also state “The decision of the Police to investigate a matter is solely down to them applying their own risk criteria and is completely outside any influence or direction of the S.R.A.” Is this correct?

The S.R.A. is the body that regulates the solicitors, surely if a solicitor asks for money for a specific reason, in this case an adverse costs insurance premium of £225,000, and this money is supplied to be used for the specific reason given, then some years later, the reason is found to be a complete lie and this money, £225,000 was not needed for any adverse costs insurance premium, as no offer of insurance cover had ever been given by anyone at that date, therefore the solicitors obtained this money by deception, surely this would fall under the S.R.A. Code of Conduct Rules and would be classed as misconduct at the very least. Does it?

The deliberate misrepresentation was the fact that the same solicitors removed a document with the knowledge that it was needed in my action and went on to enter a deliberate lie, which had a serious outcome with the action, in that this action was stopped. This evidence is all documented.

The English Fraud Squad, as stated, refuse to even look at my case, even though I have told them that the S.R.A. do not look at the criminal aspect of the case. Is this correct?

I would like to know:-
1. Is there a time limit that you have to register a complaint against the English Fraud Squad?
2. Who and where do you complain to?
3. What is the actual procedure I have to undertake to make a complaint?
4. If I do not get a satisfactory result after complaining, what would be the procedure for a Judicial Review?
5. Is it correct that I could get a copy of an Insurance Company’s Balance Sheet, if so how do I go about it?

Regards
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Yes the SRA and Police are separate - as such the SRA can not influence any Police investigation. It is a matter solely for the Police to deal with if it is outside regulation remit.

1) No time limit exists

2) The Police. Normally you complain to your local Police and they pass it onto where appropriate, such as Serious Fraud Office

3) Just go to a Police station and make a formal statement

4) No. Police decisions to investigate are a matter for them.

You do not have a contract with the Police and therefore no legal obligation to make them investigate. As such you can not JR their decision.

5) Yes - if they refuse to disclose it you can seek a Court Order for specific disclosure. That is where a Court orders that the document be discloses. If they refuse then they can be sent to prison for contempt of Court.

I hope this helps you.



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Customer: replied 3 years ago.

Sorry, i feel you have misunderstood questions 2 and 3 so i will try to reword.


 


I have reported a case of Fraud to the English Fraud Squad and they have refused to even look at the case or even the evidence so my question is, to where and to whom do i complain to about the English Fraud Squad, and what is the procedure for such.

Expert:  UK-Justice replied 3 years ago.
You can complain to the Chief Constable.

It is not the SFO you can directly complain to.

But you can complain to the Chief Constable and his/her office will investigate your complaint.

If necessary they will refer it (or you can) to the Independent Police Complaints Commission.

They can be found at: www.ipcc.gov.uk

I hope this helps.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Ok Thank you!


 


One further thing, From the time the Fraud Squad notified us that they were not going to investigate our case, is there a time limit in which i have to abide by to approach the Chief Constable with the complaint i have against the English Fraud Squad?

Expert:  UK-Justice replied 3 years ago.
No there is not.

I hope this helps.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

At this time we are still banging our head up against a brick wall, we are in the process of contacting the IPCC, so i hope that can maybe open some doors for us.


 


Thank you again

Expert:  UK-Justice replied 3 years ago.
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