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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father in Law has just passed away and I am the Executor

Customer Question

My father in Law has just passed away and I am the Executor of his estate. We have uncovered that a young woman in the NW of England has obtained £12.5K from his bank account and we are having trouble recouping when we approached her. She has stated that she is will to return the money and she is not a fraudster but, to no avail to date. This money forms part of my wife's inheritance. We have approached both the Bank Fraud Department and the Police. Both say its a grey area and that no Crime/Fraud is involved all be it immoral and a quote the Police in this. My father in law was diagnose with Bi-Polar Mental Condition and Cognitive Impairment around five years ago. He apparently met this woman on a chat site on his PC and befriended her. From this liaison this young woman had managed to get £12.5k from the bank account of a Cognitively Impaired 83 year old. We need assistance in recovering my wife's inheritance, can you help.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Are you able to kindly advise on what basis she "obtained" the money please? i.e. did she take it? If so how? did your father in law (FIL) give it to her? If so on what basis do you understand - a loan, gift?From what you say you have the lady's contact information and address?
Customer: replied 1 year ago.

FIL gave it to her on loan basis. The woman has stated to my wife that she took the money on the agreement she would pay it back.

Expert:  Joshua replied 1 year ago.
Thank you. Has she made this statement verbally or in writing? Do you know if your father and her agreed what term she would repay the money over?
Customer: replied 1 year ago.

This statement was made verbally to my wife and in email to FIL. We have copies of various emails between her and my FIL, when she states she would pay "back and more" and retained phone texts between her and my wife.

Customer: replied 1 year ago.

Also, another email from this Lady to my FIL on the 15th of December at 12:16 , stating " I will pay you back every penny" We have copies of these emails and the pc it was received on.

Expert:  Joshua replied 1 year ago.
thank you. as you have been appointed as executor of your father-in-law's estate, you have full authority to pursue the matter on the same basis as if you were your father-in-law from a legal point of view by virtue of the Administration of Estates Act. The position in law is that if your father in law gave the lady money then the law will presume that money was a loan unless the lady can prove on the balance of probability that it was a gift. In other words, it is not for you to prove the money was a loan but rather it is for her to do so. From what you say, she accepts that the money was a loan in any event. Based on the circumstances, this is not a situation for the police as your father gave the money to the lady voluntarily. Of course if you could demonstrate that he gave the money to her based on false representations on the part of the lady it may be that there is an element of fraud but unless you have conclusive evidence of this, it is unlikely that you could pursue this angle because your father-in-law is not available to give evidence. However, the matter can be pursued in the civil courts for recovery if she will not repay the money. The first step is to contact her formally in writing advising that she is liable to repay your father in laws estate the sum of [£?] and that she should make substantive proposals for repayment in this respect within the next 10 days failing which you will have little option but to either issue proceedings against her in the county court for recovery together with costs and interest of the sum of 8% per annum under section 69 of the County Courts act and/or erve on her a statutory demand for payment. A statutory demand is a demand for immediate payment of the debt claimed failing which warning the debtor that they may be made bankrupt if they do not successfully set aside the statutory demand within 21 days of receipt. In order to set aside that such treatment, she must make an application to court to demonstrate that the debt is not owed on the balance of probability which is unlikely to be able to do based upon what you say. Statutory demand can be an effective weapon to persuade reluctant debtors to pay what is owed on the basis they wish to avoid potential bankruptcy action. There is no cost to issue them and you do not have to follow through with the threat of making her bankrupt. An alternative approach is to issue proceedings in the County Court. As above, you can claim costs together with interest at 8% per annum and any expenses you incur in attending any hearing. The simplest way to issue proceedings is by using the courts online issueing issing service:https://www.moneyclaim.gov.uk/web/mcol/welcome The emails you have from the lady in question are extremely valuable and should be retained and on the basis of which, if you decide to issue proceedings in the County Court, you may consider asking the court to issue summary judgement on the basis that there is no prospect of a defence available to the lady on the basis of her admission. Summary judgement is where the court is prepared to issue judgement based on the initial evidence you supply without the need of hearing and it will do so where it is satisfied that there is no reasonable prospect of a defence available to the defendant. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 1 year ago.

Thankyou but, the only problem we have is that we don not know her address so we can only communicate via email and phone texts.

Expert:  Joshua replied 1 year ago.
If she is not willing to confirm her address you will need to consider using a tracing agent to track her down. If you have a bank transaction regarding the transfer this may assist the tracing agent though they are very adept at tracking debtors down. Many offer a no find no fee service e.g.http://www.tracedebtors.com/
Customer: replied 1 year ago.

Thanks, ***** ***** go that route.

Expert:  Joshua replied 1 year ago.
Good luck with tracking her down.

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