Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Did the bank ever write to the Company please?
In that case the bank can't act on her instruction
If she told them she resigned, they should NOT take any further instructions
They can only take instructions from Directors and NOT shareholders
Therefore the bank are in breach
You could sue for loss and damage and claim compensation
You need to write to the bank, set out your complaint and any losses and ask for a response
They should investigate the matter and report back to you
Once you have their final response and if unhappy you can go to the Ombudsman
They offer a free independent service at : www.financial-ombudsman.org.uk
If you are still unhappy you could potentially issue a claim against the bank
If its under £10,000 it will be a small claim and you wont need representation
You can do this online at: www.moneyclaim.gov.uk
Can I clarify anything for you about this today please?
I cannot thank you enough , you are great
Alex maybe I have not made myself clear .She has always been the sole signatory for this company bank account, does it make any difference ??
What about if she had not told the bank that she had resigned as a Director at the time of closing the account
Alex , thank you, ***** ***** wonderful.
Yes I have a very important question for tomorrow as it is late now .
Many thanks and have a good night
Dear Alex , I cannot thank you enough , I will have another question tomorrow
Good morning Alex ,Can you please tell me if what she has done is illegal bearing in mind that she has taken the money and what could be the penalty if found guilty many thanks
Thanks Alex but there is no way that I would want the mother of my children to even have the risk to go to prison. This is the story
I am 66 she is 49. In 2000 I bought a house 180 K with a deposit of 20 K. But I had 170 K credit cards debts I therefore transferred by deeds of trust the ownership of the house to her .I paid the mortgage until 2010 ( 18K x10 years = 180 K ) . In 2007 I went down on my luck by loosing my job. I therefore did a repayment plan with no interest with the credit card people for 20 years and they accepted because I had 2 boys of 2 years old . But in 2010 I won the lottery 600 K but I still had 135 K debts with my repayment plan at no interest I therefore transferred the 600 K to her private account to secure the education, retirement etc but did not pay Payplan as I had no interest .QUESTION is that criminal ??? . From the 600K the marital home mortgage was repaid ( 170 K ) another property was bought ( 180 K ) and the rest of the cash stayed for making interest in her account. On Xmas eve 2013 she served me with divorce .3 Court hearing to see my children still not finished, the first financial court hearing she claimed that the 600 K was a gift but the bank manager at the time confirmed in writing that " No " it was for security and she the bank manager was aware at that time about my Payplan. Now my ex wife is trying to get me for the non repayment of my payplan with potential criminal wrong doings witneesed by the bank manager which automatically will make her an accomplice.
I would suggest taking action against the bank. If she took money out then you could issue civil proceedings against her on behalf of the Company.
But it would be the company taking her to Court and not you
Does that clarify the position for you?
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