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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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If I sue a fraudster for return of my money through the small

Resolved Question:

If I sue a fraudster for return of my money through the small claims procedure will this affect any criminal action taken by the police?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I have been defrauded two years ago for the sum of £18,000. The Essex police arrested him for this and other frauds with other victims. However the police later dropped the case "On advice from the DPP" I have since contacted the DPP who informed me they knew nothing of the case and have passed me on to various other departments without ant result to date. In order to secure some redress, I thought I may use the small claims court to try to get back at least £10, 000.

Expert:  Jo C. replied 3 years ago.
The police mean CPS. The DPP would not get invovled in this.

Its quite unlikely they didn't seek CPS advice. They don't make charging decisions without CPS advice any more.

You are free to sue in the civil courts.

If the totality of the claim is £18k though you should really sue for that sum.

If its a larger amount of smaller frauds though then you could sue for £10k.

You can issue here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Yes sorry I mean the CPS. I agree that it is unlikely that they weren't contacted, hence their investigation.


 


Any idea of the cost of taking an action if I sue though the civil court, I am trying to discover if it would be worthwhile.

Expert:  Jo C. replied 3 years ago.
If you sue for the full £18k then that would take it into the fast track. You can agree that it remain at the small claims court but both parties would have to agree although its in his interests to do so.

If its at the small claims court probably about £1k-2.

If its in the fast track then probably about £3k to £4.
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