Hello my Jacqui name is ***** ***** I will help you with this.
For now please let me know the cost of replacing everything?
Our loss would be about £5000. The other victims vary in the amounts of loss.Could we make a collective claim?
You could, but it would take it above a small claim. You need to keep it below £10,000 for that.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
The fact that he has falsified his identity from the start would surely not be in his favour?
We need to know how we can take this forward with the police, why do they not see this as theft?
They see it as a civil dispute breach of contract. Sadly you can't make the Police act.
What you should do is write a formal letter to the Chief Constable and outline your complaint.
I am surprised they have not taken this up. Its theft or fraud.
Done that. no response
You should get one, even if its a no
Sadly there is not much you can do. I would try your MP
what could we say to the police that would convince them that it is theft or fraud?
Sadly you can't make them investigate/prosecute.
But get your MP involved too
Tried the MP. no response
And the Chief Constable?
Try again I would
How many people does he have to steal from before its recognised as a crime. What happened to crime prevention?
Indeed. I agree
Unfortunately you haven't told us anything we don't already know
But send another letter to the Police and MP
You can consider a Judicial Review for their refusal to take this up.
This is where you issue proceedings in the High Court against the decision not to investigate.
How much is that?
The matter would go before a High Court Judge who would decide whether their decision is legal and reasonable.
The Judge can agree with the decision or remit it back for further consideration
A full contested hearing is £10,000 and sadly you won't get legal aid with the rule changes. But if you win then you can ask the Court for costs back
But if your MP and Police won't do anything, your options are limited.
I haven't got £10,000. so he wins again
But of course you can seek remedy in the County Court using the cheap steps I outlined above
A small claim may be the way forward
I can only sadly outline the legal steps available to you
not cheap for us, I'm afraid. He has taken our assets
Indeed but a small claim there is only an issue fee and hearing fee
No need for lawyer fees
At least you have a good chance of getting the £5000 back
But he just gives a false name, so gets away with it everytime
You can issue proceedings at his business address and put what his 'known name' is
But those are the choices:
1) Complain to the Police / MP
2) Issue a small claim
3) High Court Judicial Review
You could try the IPCC
They could investigate the complaint if the Police refuse to
Hopefully this has given you something which helps
No thats all thanks
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