How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Over 3 years ago a paid monies into a insurance loan scheme

Customer Question

Over 3 years ago a paid monies into a insurance loan scheme , tha man was Ian Mackrell and his company is leaster Capital Ltd , hundreds of thousands where paid into a solicitors firm called Hilton Legal , the purpose was to purchase a insurance bond to secure a loan via a main lender Ian Mackrell had lines up , this never happened , the law firm was closed by the uk law society , this man has ruined our lives and has robbed our money and hide behind corporate identity and just states he will close lester capital and open a new firm without any regard to what he has taken from us,
what are my options I want to get my money back with damages along with making sure this man is named and shamed?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if you know where this person lives?

Customer :

yes I have his address

Alex Watts :

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. More than £10,000 you would need representation at trial as there is a formal Court process and rules to follow. But if you win then you can claim these costs back



Can I clarify anything for you about this today please?

Customer :

I have paid well over £10,000 , as stated in my question previous , Iam based in Ireland and not the UK , What about the law firm? what about him stating he will just close the company once court proceeding are issued?

Alex Watts :

Even though you are in Ireland you can still issue in the UK.

Alex Watts :

As for the law firm if it has been closed then you may have a claim against the Law Society or SRA

Alex Watts :

But you could potentially seek a claim against the SRA compensation fund if you have lost money.

Alex Watts :

Their website is: www.sra.org.uk

Alex Watts :

Does that clarify?

Customer :

What about him stating he will just close the company and walk away?

Alex Watts :

You could seek an order to pierce the corporate veil and go after him personally if you can show some fraud went on

Customer :

Are you saying if he close's the company then he gets away with it ?

Alex Watts :

No, if he closes the Company you can sue him personally.

Alex Watts :

Especially its fraud.

Customer :

Am I better to sue him personally first as it is fraud? as he will just close the company anyway?

Alex Watts :

You could sue both, it does not cost any extra

Customer :

what do you think the cost would be involved regarding this ? also can you recomend and law firms that will take it on as I am finding it hard to get anyone

Alex Watts :

That depends, if you do it yourself the Court fees will be around £1200 or so.

Alex Watts :

If you use a Solicitor it could cost another £5000 on top of that at least.

Alex Watts :

But if you win you can ask the Judge for costs

Customer :

Am i best to lodge the case in the same court where he lives and operates ? this man continues to operate as we speak and has several companies set up how can I stop him operating now ?

Alex Watts :

It will be transferred locally wherever you issue it.

Alex Watts :

You can't stop him operating now, only the authorities can do that sadly.

Customer :

He says that he was scammed also even though he new about it over a year ago and never told his clients , I fond out my self it was a fraud through investigation , I have confirmation from the bank that was surposed to transfer the loan funds to hilton legal that they have no account number of client of that name , I have confimation that the insurance company does not exist , Ian Mackrell is surposed to be a ex banker yet he did not know any of this??? them money is gone and states he has no money can I get personal judments against his personal assets ?

Alex Watts :

Yes if you get Judgment against him then you can get a charge on his assets, send in bailiffs, make him bankrupt etc.

Alex Watts :

But one step at a time - you need Judgment first.

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/