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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I have been defrauded recently and have been advised to contact

Customer Question

I have been defrauded recently and have been advised to contact Action Fraud for a possible police investigation. The fraudster has opened a new bank account where I believe my money is. I am unable to apply for a freezing injunction because of lack of funds. Do the police have the powers to freeze the fraudsters bank account, and if so I can ever hope to get my money back?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Has he been arrested?
Customer: replied 2 years ago.

No

Customer: replied 2 years ago.


Hi Jo - no he has not been arrested yet

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

They do have that power but largely only under the Proceeds of Crime legislation which will not be exercised at the outset and anyway that does not really assist you because it does not recover compensation for victims.

What may assist you is that the criminal courts can make a compensation order at the end of a successful prosecution.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

If my money was to be found in the fraudsters account, wouldn't I be entitled to get it back?

Expert:  Jo C. replied 2 years ago.
Only if you sue in the civil courts and then it doesn't have to be traced to any particular account. You just need a CCJ against him and if he has the money he will have to pay.
Customer: replied 2 years ago.

Jo this man has defrauded the compay to the tune of £250K and has opened a new company where I believe he has kept the money. If we do not move fast he will have transferred the money elsewhere. Unfortunately, am unable to obtain a freezing injunction due to lack of funds. That's the reason I have contacted Action Fraud to involve the police in the hope that the company will get its money back.

Expert:  Jo C. replied 2 years ago.
Yes, I do understand.

Ultimately though to freeze that account you would need to seek a CCJ and a garnishing order.

You may be able to reduce the cost by self representing.
Customer: replied 2 years ago.


Thanks Jo - I think could manage to self represent because it is a straight forward case but how do I go about seeking a CCJ and a garnishing order and how much would it cost?

Expert:  Jo C. replied 2 years ago.
You can issue here

www.moneyclaim.gov.uk

This is a large sum of money though so it would be expensive but cheaper if you self represent.

You apply for a garnishing order after the CCJ has been granted and that isn't expensive to do. There are other means of enforcement than garnishing orders though.

It might be that by that time the police would have prosecuted and you would get a compensation order.
Customer: replied 2 years ago.

Where does the money for compensation come from?

Expert:  Jo C. replied 2 years ago.
He has to find the money to pay it. Where it comes from is a non issue and his problem.
Customer: replied 2 years ago.


Jo C Thank you so much for your assistance. I am going to sign of now and will rate your service as excellent. Unfortunately, I will be unable to offer a tip at this time but hopefully I will be in a position to do so next time.

Expert:  Jo C. replied 2 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’.

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