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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Kindly advise your charges regarding a fraud situation in London. I

Resolved Question:

Kindly advise your charges regarding a fraud situation in London.
I now live in London
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hello Jo. Some 10 years ago my age disallowed me from taking out a mortgage. A 'friend' agreed to purchase the flat on my behal with my money. I paid him a rental fee plus a management fee' to pay the mortgage.When I moved out of London the 'friend' rented the flat on my behalf and it was only when I required an irrevocable codicil to his will in order to ensure my heirs inherited my property that he procrastinated for over 3 years during which time I discovered he had taken out huge loans unauthorised by me using my property as his collateral. After many years of negotiation the property was sold leaving less than a quarter of the sale price. The 'friend' and his solicitors have agreed to pay me less than half the money to which I am entitled. In addition they are demanding a written agreement from me exonerating them both and demanding that they will not pay me unless I sign such an undertaking.I should add that I introduced the solicitor to the 'friend' and the solicitor organised the mortgage and despite the fact that the solicitor had acted for me prior to the introduction to the 'friend' the solicitor chose to act for 'friend' against me.


Please note that one of the typos in my 1st email should read I now live in Scotland.


 

Expert:  Jo C. replied 2 years ago.
Thanks.

What would you like to know about this please?
Customer: replied 2 years ago.

Hello Jo C


1. I regard the matter as being a criminal fraud against me. Is this correct? If so what do I do?


2. I want (and need) the money urgently and cannot bring myself to meet the condition of my opponent's solicitor ie to exonerate the fraudster and/or his solicitor from any future action. Can you advise on what I should do?


Thank you


Edward Joffe


 


 

Expert:  Jo C. replied 2 years ago.
Thanks.

1 No, I'm afraid I cannot agree with that. Its a civil dispute of course and you do have a claim but its not fraud.

2 Just refuse the undertaking and sue for the money you are owed.

The advantage of settling is that you will get the money faster and reduced cost but the disadvantage is that they will not agree unless there is an undertaking that you will not sue for the remainder. Sometimes that is a good deal. Sometimes not.

Generally speaking, where a person is confident that they will win at court and can afford to sue, settling is only a good deal if the claim is paid in full.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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