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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice
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Criminal Law Question I was in a relationship with a man

Customer Question

Criminal Law Question

I was in a relationship with a man who admits he has a reading age of 7. He found handling bank affairs difficult and asked me to deal with his account. I held his bank statements and checked them for him. I paid cheques into the bank on his behalf and paid cash for things on his behalf recovering the payments by writing cheques drawn on his bank account and getting him to sign them. On occasions when he wasn’t around, he told me to sign them for him. He also gave me his bank card and pin number to draw money from the Cash machine and to pay restaurant and fuel stations for purchases. I also would do his shopping for him and pay for it myself. He would tell me to take the money from his bank account.

After we stopped living together, he moved into a flat that I own, paying me a monthly rent. He sent me a sms on the 11th September ‘12 to tell that he had vacated the flat and the key was under the mat. He had not given me a deposit and consequently owed me over £1000 At no stage did I take payments from his account for which there was not a legitimate expenditure.

He has threatened me on several occasions for example - promising to kill my favourite horse and on a recent phone call, to make me paranoid. These have been witnessed by third parties.

About three weeks ago, I was contacted by the bank regarding one cheque for £50. This was a repayment of deposit on a riding holiday. They said that they might want to speak to me again, but so far they have not. This morning he contacted me to say that the bank has involved the police and the fraud squad and the amount has increased to £700.

What would you advise I should do...
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Was there something specific you wanted to know?
Customer: replied 3 years ago.

Should I go to the police to complain about his harassment. They have been involved on several occasions in domestic altercations with this man, of which one was logged as occasioning Actual Bodily Harm. Unfortunately he persuaded me to drop the charges. He has also assaulted my estranged husband but no action was taken as there were no witnesses.


Should I advise them of my forging his signature on a number of occasions, or should I follow my husbands advice and gather information.

The bank have still not made any further attempt to talk to me.


Expert:  Jo C. replied 3 years ago.
Is there any thing to suggest that he was responsible for this? There wouldn't seem anything on the face of it?
Customer: replied 3 years ago.

Apart from his phone calls threatening the horses I have, the stables and telling me that the police and the fraud squad were involved (aren't they one and the same) and telling me that "at the end of this you'll be paranoid..." nothing has actually happened.

Trouble is no one else has heard him on the phone, so there's no independent witness to his antics.

Expert:  Jo C. replied 3 years ago.
I meant the banking issues?
Customer: replied 3 years ago.



Nothing further from the bank still - Obviously signing cheques payable to me drawn on his bank account was not the smartest thing I've done - but the bank haven't contacted me !


Should I be concerned ?? Should I do anything or just wait for developments if any...

Expert:  Jo C. replied 3 years ago.
Ok. I need to narrow this down into relevant facts. It would be really helpful if you could give me only the information i ask for and nothing else.

Is the allegation then that you have been deducting funds from his account ?
Customer: replied 3 years ago.



No allegations have been made by the bank.


He has told me that he has told the bank that he thinks I have.

Expert:  Jo C. replied 3 years ago.

What evidence does he have to support that?
Customer: replied 3 years ago.



As far as I know there is at least one cheque - the one the bank rang me and queried on their only contact with me... I told them it was to reimburse me for a deposit for a riding holiday I'd paid on his behalf !

Expert:  Jo C. replied 3 years ago.

Obviously he could make a report. Its not really very clear what he will say but I suppose that he will say that you have been making unauthorised deductions and thats a problem. The fact that you have written cheques does not help I'm afraid.

On your specific point originally though, there isn't much point in making allegations of harassment against him. This doesn't really amount to harassment anyway as he has a good reason to be in contact and anyway that won't throw the authorities off the scent of the more serious crime in all the circumstances.

You do have a defence and that seems to be that he agreed to repay the money but whether it would be accepted is another matter.

If you are saying that you forged his signature as well then there is a stand alone offence to which his agreement would not be a defence I'm afraid.

Customer: replied 3 years ago.



Just to say "thank you" for your advice ... It rather confirms what my estranged husband said, if rather less colourful... I guess I should just lie low and wait and see what happens...


He's gone quiet for the moment and i still have had no further contact from from the bank.


Many Thanks

Expert:  Jo C. replied 3 years ago.
I completely agree with that proposal.

There's no action that you can take that would make this go away and most of it would potentially make it worse.

There's still a reasonable chance nothing would happen.

Hope this helps. Please remember to rate my answer.

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