Ask a Law Question, Get an Answer ASAP!
Thanks for your question. Please kindly RATE my answer when you are satisfied
Do you recall whether you obtained a consent order dealing with division of assets pursuant to your divorce please?
What is the certificate he made that you refer to exactly?
Have either of you remarried since your divorce?
Thank you for your reply.
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.
Neither of us has remarried.
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.
Please let me know if you need further information.
My apologies for the delay in reverting to you.
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?
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?
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.
Thanks. Do you still have financial and documentary evidence to evidence the above if necessary?
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.
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.
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.
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.
Thank you for your help.
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!
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
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.
Just one more thing- sorry! Not sure what "issue online" means with reference to the county court. Can I approach them personally online?
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:
Is there anything above I can clarify for you any further?
I think I`m good to go now! Thank you for your help!
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.