How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LondonlawyerJ Your Own Question
LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

Hi me and my mum sold our house in Feb 2013 and come out with

Customer Question

Hi me and my mum sold our house in Feb 2013 and come out with the sum of 650000 left over we had the house jointly owned and she had all the money paid into her account. Over the last year she has been making payments into my account and the money has run out she now claims that she never made them online payments to me and that I committed fraud where do I stand
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this. Is she saying that you have somehow accessed her account and emptied out all the proceeds including her share? How is she saying you did this? Has she called the police?

Customer:

Hi she has said it's done by online banking and she's reported it to the bank and now going police but she did the online banking in front of me each time. I have no previous convictions and am not known to the police but am very stressed as I'm 7.5 months pregnant and have 2 young children I don't understand why she would do this

LondonlawyerJ :

OK this sounds very unfortunate indeed. How much of the £650,000 has been transferred into your account? Is your mother suffering from memory problems or is she perhaps open to a malign influence?

Customer:

About 30000 I just don't want to go to prison for something I haven't done my mum has severe mental health problems which is adjustment disorders clinical depression and border line personality disorder I'm stressed because I'm innocent and don't want to be arrested when I'm heavily pregnant with no one to look after my children I've never been arrested or been in trouble with the police and don't want my children to go into care if I get convicted because of her

LondonlawyerJ :

Am I right in thinking that you have been paid less than your share of the sale proceeds? If so this is hardly the behaviour of a fraudster! If she is alleging that you have made the transfers online then there will be some evidence of the transfers being made on line. It may well be possible to work out which computer was used. Is your mother capable of doing on line transfers herself? How were the payments made to you? There will be evidence of when and how the transfers were made. Did you have access to your mother's account on line?

Customer:

No but she used my phone to do it which I have now got rid of because I broke the phone and have a new number I don't have access to her account and she is the only person also her mail is still going to my old address she never actually changed any of her details over to her new address and the transactions show that she paid them to William my husband not me. She would also of had to of confirmed it on her mobile phone which she has not me I don't have any possession of her bank cards or phone and she said her savings account has been closed for a month now and apparently this has been going on for a year so can't understand why she has not reported it before

LondonlawyerJ :

I can not say whether the police will arrest you or not but the need to have grounds to suspect you of an offence? Sometimes an allegation is enough but the should really investigate a bit more and if they do it may become apparent that you are still owed money by you mother and that she is not a reliable witness.

LondonlawyerJ :

If they do arrest you they will probably contact you and invite you to come to the police station for an interview. If they do this you have a right to free and independent legal advice. You can bring a solicitor of your choice with you or ask for help from the duty solicitor scheme. You should definitely have a solicitor present. If the police want to invstigate they may well sieze your computer for evidence of the transactions. So make sure you back everything up.

LondonlawyerJ :

I know this is not very easy but try no to worry about this too much. It sounds like you have a very good defence to these possible allegations, Also you would probably not to go to jail even if found guilty so there is no real risk of your children ending up in care.

Customer:

That's the whole point I don't have a computer so I can't see how theyhave any evidence

LondonlawyerJ :

OK, well that makes your position even clearer and safer then. One would hope that it will be clear to the police that there is nothing in this but if they fail to take proper care and do want to interview you then agree to see them, make sure you have a lawyer and go to the police station and explain yourself with the help of your lawyer.

Customer:

And sorry one last thing what about where she has used my old mobile in the past which I no longer have am I ok on that one thanks for your help

LondonlawyerJ :

In what way do you mean are you OK? If she made the transfers online I am not sure why use of a phone registered in your name would be a problem. Can you clarify please?

Customer:

Sorry what I meant is can she still deny it where she used my phone for online banking because then it's her word against mine the whole thing is stressing me out and I think she's doing it to be nasty now I have no family because of it and I don't want to go to prison because of her and me being away from my children

LondonlawyerJ :

I see, so your mother has your old mobile and uses that for internet banking? If you have given her that phone then it should be obvious from the way it has been used that it has been her phone for a while. If it comes down to her word against yours it seems likely that the surrounding circumstances will support your position. Earlier on you said you do not have a computer. If you have a phone with internet access then the comments I made about the police seizing it for forensic analysis will apply to the phone. I think the police will have great difficulty building a convincing case against you and even if they do it is very unlikely that you will be sent to prison.

Customer:

Oh okay thanks I don't actually have that phone anymore I have a new one now and the phone was not a registerd phone number or chip. May I ask why it is unlikely I will be sent to prison thanks again

LondonlawyerJ :

The offence is not oi seroius as to merit prison. In your circumstances with no previous it is unlikely, applying the current sentencing law, that the court would consider it necessary to send you to prison.

Customer:

So try bit confused do you mean the court would not want to send me to prison thanks I am very happy with your help

LondonlawyerJ :

Yes that is what I mean.

Customer:

Okay thanks again

LondonlawyerJ and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi my mother has reported the crime to action fraud with a crime ref number turns out all the transactions are in my husband's name but I know he has not done it. Will he get arrested or will I get arrested because it's our joint account I have no one to look after my children and am still worried they will go into care so what's the next steps apparently the bank have told her it a hard to prove online fraud

Related Law Questions