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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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My x- employee and company accountant pleaded guilty and was

Resolved Question:

My x- employee and company accountant pleaded guilty and was convicted of defrauding my business of money in december 2012 and she was sentenced on 25th Jan 2013 in Birmingham to community service and apparently ordered to pay back £8,500. I did not attend the court myself and have no details of what happned at court and never heard from the court or my x accountant since. It was only when I contacted the police after the hearing that they informed me of the sentencing. I completed some forms that the police gave to me at the time of reporting her to them which I understood were to make a claim for compensation but have never heard anyting back from the courts. I have a crime number, all the correspondence to and from the police but nothig from the courts so I am at a loss as to how to make my claim. I ahve trawled the internet to find details on the hearing but am coming up against a brick wall so all I have is ewhat hte po;lice have told me and the date of sentencing. Can yoiu please advise me how I go about getting my money back from her as the police said she was ordered to pay it (if I am not out of time of course).
Thank you
Annejulie
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much is owed please?
Customer: replied 3 years ago.

£8,500

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

If you mean that this was a compensation order of the criminal courts then you do not enforce that. The courts do. It is fair to say that many of these orders are never paid though. However, come what may, there is no enforcement action you can take about that.

If you want to pursue this yourself then you can sue this person at the small claims court here

www.moneyclaim.gov.uk

which actually might be effective since then you can despatch bailiffs and seek charging orders etc.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Ok so just o be clear- the police officer came back to me and said that she was ordered to pay back £8,500 (this was equal to the amount she admitted taking from us). So does that mean that eventhough she was ordered to pay it back that the court do nothing to enforce it? Can I contact the court to find out what has happened and if so how do I do that?


If this fails I shall contact small claims court. Is there a time limit on this for me to pursue a claim as she was sentenced in Jan last year?


 

Expert:  Jo C. replied 3 years ago.
The Court can take action to enforce it but they regularly do not. If she is female then you have even less chance of anything happening. Women are treated massively favourably by our criminal justice system.

You can contact the court but I wouldn't waste your breath! It would be better to contact the officer.

I would get on with suing. You have six years to do that.
Customer: replied 3 years ago.


Ok thank you. Would I not need some kind of proof from the court of her conviction before lodging a calim at small claims court - not sure how to get that from them. This sounds like a really dumb quesiton but I assume at this level it woud have been heard in magistrates court not crown court so it would be a matter of writing to the magistrates court for clarification of the sentencing? I have literally nothing.

Expert:  Jo C. replied 3 years ago.
No, not really. You can rely on the general law of conversion for that anyway but the fact of the conviction means she cannot deny it. The Court can always order that is produced anyway if she does start denying it.

If this is theft from employer in the region of £8500 then I would have expected it to go to the Crown Court. There is an outside chance it could have been heard at the Magistrates basically because she is female and women almost never go to prison unless they actually kill somebody and even then they are whinging and moaning and wanting time off their sentence for reasons like they all have sore thumbs!

The officer should tell you where it was heard though.
Customer: replied 3 years ago.

That made me laugh but I completely get it! Thank you for your help; it's much appreaciated.

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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