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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10911
Experience:  30 years as a practising solicitor.
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In 2007 my husbands father passed away. He had a property for

Customer Question

In 2007 my husbands father passed away. He had a property for Sale with a Local Estate Agent. This was in The Littlehampton area. my husband and I live in Scotland. So we left the property in the trusted hands of the Estate Agent to sell on our behalf. Once the property was sold; The Agent was to deduct Fee' etc and then as in any normal sale of property pass on the Balance. We received some payment/s but not the full about. After years of correspondence it went to Court and The Firm were order to pay £16,884.42. This was NOT enforced and it gave time for the owner of the Estate Agent time to clear all bank accounts and close going Insolvent . And the owner then went Bankrupt. (We discovered that the funds from the Sale of the Property were not put in a Client Savers Account. It was put into a normal Business account and WE have full evidence that the owner Spent our money. This was THEFT as the Money was not Company money his property to use; and we DID NOT give our consent. We have been to the police and they are trying to claim it is a Civil Matter..We say it is Theft.. /Embezzlement.. What can we do
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
It is a civil matter but it is also a criminal matter as the agent acted fraudulently. When the money came in from the selling solicitor the agent should have deducted costs and immediately accounted for the funds. Assuming you didn't have a direct relationship with the solicitor you should press the police to take action. You may have to get to a higher level within the police or alternatively go the the DPP. I would also recommend that you go to your MP and seek help there.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10911
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your advice....but just to inform you that with the Sale of the Property we DID NOT have a solicitor. This was due to the advice Mr A J Bird of Bird and co Estate agent telling us that a Solicitor was not nessasery with a Static Mobile home. (the mobile home was fixed in a proper site) Of caurse added to the following events that happened it seems clear that Mr Bird and his partner in the company 'knew what they were up to' from the start. It is a very long and involved case as you can imagine. I hope that we will be able to contact you at some point just to let you know the results. So that it may help others that it 'may have' happened to..Once again thank you for your advice. From Susan xxxxx

Expert:  JGM replied 2 years ago.
You didn't say it was a mobile home. That's not treated as heritable property in Scotland, just a thing, so a solicitor isn't needed.
Happy to help at any time.
Customer: replied 2 years ago.

Sorry perhaps I forgot to say as there was a limited amount of space. and I have so much information.. The Static home was on a site in Yapton England....to re-cap we had to leave the sale of my husbands late father in the hand of the Estate Agent in Littlehampton England.that is where the 'offence' took place. does this help. I am trying to contact the Westminster MP for our Area (as advised) and will tel you know the results..Many thanks for all your help..From Susan xxxxx

Expert:  JGM replied 2 years ago.
The English police should investigate this as theft. If they aren't then, yes, go to your MP.
Customer: replied 2 years ago.

Thank you for your email. We took your advice and asked an MP. After talking it seemed that there was nothing he could do but advice. Which we all ready knew what he was saying! We know the Police still try to say it is Civil??? but taking your advise further we have gone back to the Solicitor's who dealt with my husbands late fathers estate and part of the sale of the property, and then the Court Judgement etc. Unfortunately over the year 'our' solicitor has moved on; But we are now consulting with a new one ant the firm. We are going after the Estate Agents in Person, Regarding Theft and hope to get a new court judgment against them for the money they stole plus interest. So we shall let you know the results and it may help in other cases. Once again Thank you very much for your advice. From Susan Petty.

Expert:  JGM replied 2 years ago.
Thank you for letting me know.

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