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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
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MY husband worked for acompany between 2010-2011,as general

Customer Question

MY husband worked for acompany between 2010-2011,as general manager.
He was dismissed,under the act of theft,which is not true,to the amount of£120-000
The police investigated a year and a half ago and could find no evidence.
We have no assets,he was out of work for one year,because the so called company slandered his name around central London so it was very difficult to get a job,he now secured a job.
But now the company went to his workplace with a letter stating that because he was in charge
as general manager,they either want the money within 14 days or they are taking court action
as they hold him responsible.We cannot even retain a soliciter to respond to the letter.we have no assets,my husband has a bank account with santander which is frozen at the moment
Please could you advise how we can get this ongoing matter resolved.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

The fact that a person is not charged by the police does not prove that they are innocent. It just shows there is insufficient evidence to convict on the very high standard the Crown must reach. Obviously one reason there is insufficient evidence sometimes is that a person is innocent but its not the only reason.

The truth is that they could sue. Its a much lower standard of proof. It would be expensive for them to sue for this amount and if you have no means of paying the award then it wouldn't be a good idea for them to sue. There's no point in suing a person who can't pay the award. But they could. They are probably hoping to get an attachment order to his wages.

There is no way of preventing them from doing so if they are intent. They can access the courts as can anybody else.

If he maintains that he is innocent then he can defend the action at court. He might well succeed. But there is no way of getting an injunction order to prevent them taking action I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.


we are without any home and staying with a friend who has her property o the market,if we have to find a flat we would have to pay six months in advance as we are on an iva,my husband has only been working for the last six months,why can we not find a lawyer to respond to there letter

Expert:  Jo C. replied 3 years ago.
Legal aid probably wouldn't cover this I'm afraid.

It wouldn't really make much difference though either way. Ultimately a response from a solicitor would not stop them suing if they are intent.
Customer: replied 3 years ago.

why would legal aid not cover this,we were willing to pay a lawer and still cannot a find anybody to respond to them.


surely they have to prove that he is responsible for this money the accountant was sacked becuase of money missing also the operations manager,they were very chaotic with there banking procedure,no paying in slips for three months,and my husband loaned them £30.-000


when he was involved in another company that they ran as £150-000


went missing there,which was down to the owners,as they took it from the bank account,my husband lent them that money to pay the suppliers

Expert:  Jo C. replied 3 years ago.
A solicitor will deal with it if you pay them.

I'm really sorry but there is no way that they can be prevented from suing if they are intent. All that can be done is that it can be defended.

If the facts are as you say then you can defend this action.
Customer: replied 3 years ago.

but every solicer I call will not take it on even just to reply to the letter


from there soliciters

Expert:  Jo C. replied 3 years ago.
They are free to refuse instructions I'm afraid.

You cannot force a solicitor to act.

There's no reason why they should refuse unless you are not willing to instruct them on the larger case.

Customer: replied 3 years ago.

wE JUST NEED TO REPLY TO THE LETTER DENYING THIS CLAIM


WE HAVE NO MONEY TO GO TO COURT,SO WHAT DO WE DO

Expert:  Jo C. replied 3 years ago.
Well, really as I said above.

You cannot prevent them from suing if they are intent.

You can write back yourself denying the claim. There is no magic in a solicitors' letter.

And you can self represent at court.

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.

IF THEY OBTAIN PERMISSION FROM THE COURT IF THEY WIN


IT SURELY WOULD AFFECT MY HUSBANDS PRESENT JOB

Expert:  Jo C. replied 3 years ago.
I will opt out for others as I can see that you are displeased with my responses.
Customer: replied 3 years ago.


Iam not displeased at all

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question. I can see my colleague has opted out.

I will try and assist you.

Have they said on what basis your husband should repay this money? Have they alleged breach of contract etc? Does he have a responsibility to cover the company's losses under his employment contract? Are the losses more than he was being paid?

Kind regards

AJ

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