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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My father in law has had a large amount of money taken from

Resolved Question:

My father in law has had a large amount of money taken from his account by a relative. some monies have been repaid but they are now refusing to repay the rest. The police are involved with the view to charging the person. The relative has two houses one in her name and one in her husbands name. Is it possible to place caveats on the houses so they cannot be sold or moved until after the matter goes to court. My wife was called last year and had to rush over to the UK from Australia to try and sort the matter out.

Many thanks
XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do you know whether the money that was taken was used to buy that property or pay mortgage amounts?

Customer:

They already had the properties and we can not get an answer from the accused as to what happened with the money. One house is a rental (I think) and the one owned by the wife (the accused) I have heard is close to being repossessed. It has happened over two years so I would assume that some was used to pay the mortgage over that time. My father in law had to move into a home as he was unable to walk due to a series of strokes. The women at the time worked at the home and was supposed to bay his fees etc from his account. The fees were payed for a while but additional money was taken as well and around April last year the relative ceased working at the home and stopped paying any of his fees etc. We were called in September to say his fees had not been payed for five months and he had no money left in his account. The relative continued taking money during those five months also.

tdlawyer :

Okay. Cautions against properties are used when the cautioner (the person lodging it) has or believes they have, some beneficial interest in the property itself, usually acquired following investment in the property or permitting monies be used to buy it. If a caution was lodged anyway, then it would be susceptible to being challenged either before the adjudicator at the land registry or at court.

tdlawyer :

The proper thing to do in this type of case is seek a freezing order from the High Court.

tdlawyer :

This is where ALL assets of the defendants are frozen by court order due to the risk of the defendant vanishing with the assets or them being removed from the court's jurisdiction.

tdlawyer :

A freezing order application is made without telling the other side. It's usually always done by solicitors, as it can be complex.

tdlawyer :

Does this answer your question? Do you want to ask me anything?

Customer:

Do you know what the cost would be, how long would it normally take and are you able to do this.

tdlawyer :

It would take 24-48 hours to do, once solicitors are instructed. Costs would be about £10,000 or so, but it depends, and solicitors should be asked to give you quotes.

tdlawyer :

I couldn't do it - we're an information only service here, we cannot act for people.

Customer:

We have moved to the UK for a couple of years to help look after both in laws and spend some time with them as they are both elderly and frail.

Customer:

thanks that gives me some idea were to start.

tdlawyer :

No problem. Hope this helps, if you need to know anything else, just let me know.

Customer:

Do I just need to come back to this page if I have any more questions and will I get connected to yourself or will it be who ever is online?

tdlawyer :

Yes, that's all you need to do.

Customer:

Great thank you very much for your time Tony.

tdlawyer :

You're welcome.

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