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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70178
Experience:  Over 5 years in practice
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my partner needs help ..she cannot get a solicitor to represent

Customer Question

my partner needs help ..she cannot get a solicitor to represent her because of a tainted gift .although her ex husband has not been interviewed ..she is due in court tomorrow please ..please ..please can someone help
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.

Can you explain your situation a bit more please?
Customer: replied 3 years ago.

my partner has a 350000 benefit debt that she accumulated with her ex husband she had a death gift from her parents of 150.000 ..75000 of wich was given to her ex husband and the rest was spent and given away due to my partner not wanting anything to do with her parents ..the court is asking for this money back now ..she agrees this has to be paid back ..and since the court has told her to pay 100.00 pounds a month back she has done so ..she has actually got 2 jobs and is now paying 300.00 a month back ..but now the court wants my details even though i was not involved at that time ..she is facing prison even though she has done more than asked ...please help us


 

Expert:  Jo C. replied 3 years ago.
Is this a proceeds of crime act matter please?
Customer: replied 3 years ago.

no

Expert:  Jo C. replied 3 years ago.
Ok.

So whats the charge?
Customer: replied 3 years ago.

sorry the money my partner got was not the proceeds of crime ..but the other was benefit fraud that was unknown to her at the time sorry

Expert:  Jo C. replied 3 years ago.
Thanks.

What I need to know is this.

Is she facing a criminal charge?

Or is this proceeds of crime act matter?
Customer: replied 3 years ago.

this is all new to me now ... she has been convicted of benefit fraud done a 18month suspended sentence 12 month probation..4 month tag ...this is a confiscation order ....if had known this at the time i would not have got involved ... too late now

Customer: replied 3 years ago.

by the way it`s all for the same offence

Customer: replied 3 years ago.

can you help me please ?


 

Expert:  Jo C. replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes your question to the back of my list.

If this is a confiscation order then there must have been a proceeds of crime matter.
Customer: replied 3 years ago.

just found out ...yes there is ..i have tried to help her all this time ..thinking she was innocent .how silly am i ..will the court still need my details ?


 

Expert:  Jo C. replied 3 years ago.
Well, I suppose we all want to be believe what our partners tell us.

You are not vulnerable to the confiscation order. The reason they want your details is that they want to separate out anything owned by you from any assets owned by her. There isn't likely to be any allegation that you were involved in the fraud.

If she has failed to comply with the confiscation order then there is a risk of custody Im afraid.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

thank you jo ... been used again i think, third time around ,,she has a static caravan worth 100000 how do i let the court know without me being involved ..

Expert:  Jo C. replied 3 years ago.
What are you hoping to achieve by telling them that?
Customer: replied 3 years ago.

because it`s in my name too as well as hers ,i don`t want to be involved

Expert:  Jo C. replied 3 years ago.

There's no way of achieving that I'm afraid unless you want to lose that.

If its in your joint name then you need to make that clear so that you will get your share of the property.
Customer: replied 3 years ago.

thanks jo you been brilliant

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/