How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

2 questions! My ex-husband has stolen £2000 from my 10year

Resolved Question:

2 questions! My ex-husband has stolen £2000 from my 10year old daughter`s bank account and made a false certificate/statement to cover his tracks. He says he had to do it otherwise he would be declared bankrupt and have to use my house to pay his debts, (we have been divorced 5 years). Firstly, is it worth pursuing him for the money (would the costs outweigh the amount taken/ would he have to pay anything if he is on the verge of bankruptcy?) and secondly, can he claim my house to help pay off his debts?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Do you recall whether you obtained a consent order dealing with division of assets pursuant to your divorce please?

Josh-2010 :

What is the certificate he made that you refer to exactly?

Josh-2010 :

Have either of you remarried since your divorce?

Customer:

Thank you for your reply.

Customer:

We did not have a document drawn up by a solicitor when we divorced but he did sign a disclaimer which was witnessed to say he would make no claim on the house as I had put the money into it from my previous house.

Customer:

Neither of us has remarried.

Customer:

I was suspicious that he had not put the money into my daughter`s account. When we opened it, it was with a government bond for infants and there were a limited number of banks/building societies which could be used. The nearest one to us was a few miles away and, as I did not drive at that time, my then husband opened the account in his name rather than jointly. At the time I did not foresee any problems but now I cannot access the Brittania account. When I asked him to prove that he had put the £2000 in he prevaricated for months with a variety of excuses, and eventually poduced a certificate showing that he had put the money in. However, when I took it to the Brittania I was told that, although they couldnt disclose confidential information, the certificate was not in a format they use, it had a false account number on and had not been issued by them. When I confronted my ex-husband with this information, by text, he admitted that he had taken the money.

Customer:

Please let me know if you need further information.

Customer:

Sincerely,

Customer:

Jill

Joshua :

My apologies for the delay in reverting to you.

Joshua :

Thank you for the above. I note in your original question that you say your ex husband "stole" money from your daughters account however the above information suggests he did not put the money in the account in first place. Are you able to kindly clarify?

Joshua :

Was there some form of agreement that he would deposit monies into an account in her name? If so what type of agreement was there?

Customer:

Hi Joshua,

Customer:

The money was a gift after my mum died. I gave my ex-husband £2000 for himself as a cheque and the same for my daughter on a separate cheque and asked him to put it in her account which was a pay-in only account which she can access when she is 18. I think he opened a new current account somewhere to deposit the cheque for her and then withdrew it, but that is supposition- he just said he had taken it.

Joshua :

Thanks. Do you still have financial and documentary evidence to evidence the above if necessary?

Customer:

Not sure I have evidence for the cheques- I expect the my bank could send statements on request. I have got the false statement that my ex-husband gave me when I asked for proof that he had deposited the money.

Joshua :

Thanks. On the basis you can show that the money was for your daughter which presumably is evidenced in a will and you have the financial evidence you refer to (banks normally retain records for at least 6 years and often longer) and the forged certificate you may have enough to make a complaint to the police under the Fraud Act if this was your wish.

Joshua :

In any event you would appear to have the basis of a civil claim as would your daughter when she reaches the age of 18 for breach of trust.

Joshua :

The difficulty is that if your ex husband is facing bankruptcy he may not be able to afford to repay such monies at present. Whether it is worth issuing a claim against him will depend upon his financial circumstances at the time.

Customer:

Thank you for your help.

Customer:

Just to let you know btw there is no "submit" to click on the ratings section on my PC! I ill try to send a rating and hope for the best!

Customer:

Thanks again

Customer:

Jill

Joshua :

The costs would not be significant. The county court would charge a fee of £80 if you issue online and then some further costs if he decides to defend. Namely £40 to allocate to the small claims track and then £165 if the matter proceeds to trial. These are recoverable plus interest at 8% per annum

Joshua :

A pleasure. There should be some smiley faces at the bottom to submit a rating. lease do not worry if you are having any difficulties though.

Customer:

Just one more thing- sorry! Not sure what "issue online" means with reference to the county court. Can I approach them personally online?

Joshua :

Sorry the courts now have an online issuing service. This is both easier to use than paper and cheaper because the courts allow a discount because it is less work for them:

Joshua :

https://www.moneyclaim.gov.uk/

Joshua :

Is there anything above I can clarify for you any further?

Customer:

I think I`m good to go now! Thank you for your help!

Customer:

Jill

Joshua :

A pleasure. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua and other Law Specialists are ready to help you