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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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GA-crb My uncle has recently been the victim of an alleged representat

Resolved Question:

My uncle has recently been the victim of an alleged representation fraud by an employee working for a local authority and entered into an unconscionable contract having no choice. The Local Authority is now acting to to put this right and the employee has returned our uncle's money. My uncle is concerned that this alleged fraud may go up higher in the organisation and that to cash the cheque for the returned sum of money may allow the local authority to drop the action without prosecution. Please can this question be treated as confidential and not put up on website?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.

I would advise your uncle to bank the cheque so that he gets his money back.

He should inform the local authority that he is doing so without prejudice to his right to take the matter to the police.

He may also report the matter to the Police to investigate and decide if they wish to take the matter further e.g. if an offence has been committed under the Fraud Act 2006 such as fraud by abuse of position, false representation or failure to disclose information.

Hope this helps

May I help further?
Customer: replied 1 year ago.

Can I add a little more detail confidentially? It is sensitive and I don't want it go onto website where the circs might be recognised? If you assure me on this, I would like to explain a little more.

Expert:  UKSolicitorJA replied 1 year ago.
I have marked the question as confidential. However, please note that this is a public forum and there is no guarantee that your information will remain confidential.
Customer: replied 1 year ago.

Thanks, ***** ***** now I should have realised this is a public forum. I will phrase my question carefully.

Does this Uncle need to put that he is accepting the money without prejudice in writing?

He has already said this verbally. If he writes a letter to this effect to the Local Authority, is there anything else he should state to protect the right to pursue this matter with the police if the Local Authority don't prosecute themselves?

The facts of whether or to what extent this has happened to others can only come to light if there is a prosecution - i.e. bank accounts looked at. It is particularly targeting vulnerable people and through misuse of position and info gained through position.

Please advise. Thanks

Customer: replied 1 year ago.

Should he write this to the Local Authority or to the person who returned the cheque that it is 'without prejudice' or both?

That is the end of my questions. Thank you.

Expert:  UKSolicitorJA replied 1 year ago.
Thank you.

It would help for him to put it in writing to both that he accepts the refund without prejudice to his legal rights and that he expects the Local Authority to investigate the matter and report it to the Police if necessary as certain crimes may have been committed.

The Local Authority may or may not call the Police to investigate and may or may not take discplinary or dismissal action against this dishonest employee.

If the LA does not take any action, your uncle may report the matter to the Police.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Customer: replied 1 year ago.

Thank you very much. That's very helpful.

Expert:  UKSolicitorJA replied 1 year ago.
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