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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice
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I got a new cleaner recommended to me that was an ole school

Customer Question

I got a new cleaner recommended to me that was an ole school friend of my best friend, I had seen her many times due to us having a mutual friend, we have kids the same ages and been on family day my friend trusted her and so I trusted her. I needed a cleaner coz i own & live in 2 houses with my 2 kids, my elderly mother, & my brother who was severely mentally & physically disabled & epileptic due to a tragic accident 30 years ago, he received compensation for this, we have always cared 4 him 24/7 living in my home, I was very close to my brother as his carer, tragically 2 years ago he got liver cancer he was in hospital 4 about 8 weeks but it was terminal and he died, I was we were devastated as a family and I took his death very bad at the time coz i was also broken hearted as I had a terrible split up with my Iive in partner as well, I had my elderly mum to look after and also my 2 kids (my son has special needs), I admit it was an extremely difficult time and I didn't cope very well I just cried for weeks & weeks, I didn't open letters or statements, & I stopped doing the paperwork concerning my brother's compensation coz i hated the money coz it never helped my brother, I confided in friends and in particular my cleaner became a closer friend coz she was cleaning 4 me twice a week, I thought she was being a good friend just like my other friends are but while i was grieving she was unbeknown to me at the time had stolen my Natwest debit card found my pin number , I only save cash in the account for my son, his disability living allowance, Carers Allowance, Child Benefit, and tax credit goes into that account, i never noticed coz i only save and the debit card was safe special I thought, she has been stealing my son's disability money since November 2013, It was a nest egg 4 my son and i didnt think of it , I was still having difficulty to even bother to get out of bed every day coz i felt so low. Not only that she knew I didnt bother with my paperwork so she took the debit card details that has my brother's compensation and somehow added my card to her paypal account (I don't have a paypal account) she has just been betting all money on online gambling and online shopping, wasting thousands of pounds on herself, I was just so down anyways coz my son isn't easy to look after, then my German Shepherd who I adored just died of old age in my arms at home, then 8 months later my other German Shepherd who I adored got spleen cancer and had to be put to sleep, my problems just were relentless , coz a week after my dog died my other brother got rushed to hospital and was diagnosed with incurable blood cancer, his kidneys have packed up and he has to have kidney diaylisis 3 times a week, he is in phase 3 of chemo therapy and now I've found out he needs a bone marrow transplant very soon , I'm to be tested as a possible Doner,. my family have been through so much in the last 2 years, but I've got stronger and i get on with life the best I can, I have some fab fab friends but the cleaner has stolen near on £100,000 from my family as a whole., it's paypal that allowed her to spend 1500 pound a day onlibe gambling whole I was by my brother's bedside in hospital, she took my account down to £1.74, , she has admitted what she did, she's been arrested and bailed and her flat raided for goods and her mobile confiscated by the police, she has broken her bail conditions and is due top be re arrested by the police again, I've given a statement to the police that took 5 hours and I am in touch my email and my mobile with the police, she has just been very calculating and wicked. but what I want to know is how I stand legally in getting my cash back, including why did paypal allow my card to be used by someone else, she spent £15000 on online gambling through paypal within the last 2 weeks of her being stored. please tell me what to do next? thank you
jean
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does she have any money? Is she worth suing?
Customer: replied 1 year ago.
no she is living on state benefits. I think that the disability living allowance that she stole from my son will probably be paid back to my son by disability living allowance as it is government money and it's not means tested money, it's them that I think will take her to court for a criminal conviction, she even received winnings into this account from online gambling but I didn't notice coz i thought my son's money was quite safe, she played the winnings back onto gambling again though. My other account she stole my card details and added them to her paypal account and started betting, I thought it was illegal for someone else to use my car, she or Paypal had no authorisation from myself.
Customer: replied 1 year ago.
She has no money herself she lives in a rented council flat
Expert:  Jo C. replied 1 year ago.
Ok.
I'm not sure who you are hoping to sue ?
She doesn't sound as though she is worth suing?
Customer: replied 1 year ago.
The Company called Paypal have allowed her to use my debit card details on her Paypal account she has spent thousands of pounds of my money through paypal surely they must be liable?
Expert:  Jo C. replied 1 year ago.
Not unless their security measures failed.
On the face of it, they did not. She just added a different card. The liability would seem to be with the bank rather than with Paypal if there is any at all.
Paypal, and banks and other lending establishments, only become liable if they fail. They are not liable for the crimes of others.
The other problem that you may face is that they could argue there was contributory negligence on the basis that you were not dealing with your affairs at the time. I do realise that it may have been a difficult time for you but even on your own account you were not opening your post.
It is quite unlikely that either Paypal or the bank are liable I'm afraid.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
surely her adding my card details to her account is failing fraud in itself, she didn't have my card just the details, she has a different name and address to me.
Expert:  Jo C. replied 1 year ago.
No.
That doesn't mean Paypal's measures have failed. It just means she was acting fraudulently.
They would have no way of knowing whether she had your card or had permission to use it. It would be down to the bank to check that and if she had your account information then that is not their fault either.
Customer: replied 1 year ago.
she was spending £1500 a day at one point on online gambling, betting at £90 and £150 in transactions, I not once was asked any security questions in any of that time. And yet I went supermarket shopping on black friday and my card was declined for £100 due to security measures, and yet she was allowed to spend all that cash without my card and I wasn't allowed to spend £100 even though I had my card and my pin number was correct. It doesn't make sense
Expert:  Jo C. replied 1 year ago.
I think that was probably because she had got passed security measures at the time of first registration.
Customer: replied 1 year ago.
so I can expect no justice then
Expert:  Jo C. replied 1 year ago.
You do not have a claim against lending establishments unless their security measures have failed.
Customer: replied 1 year ago.
No wonder we take the law into their own hands, Thank You anyways
Customer: replied 1 year ago.
one more thing is that she made a confession to the police does this not make a difference
Expert:  Jo C. replied 1 year ago.
Not to the liability of the lending establishments.
She will be prosecuted under the criminal law and you could sue her for compensation although it sounds as though she is a person of straw so there is no point.
The criminal court might make a compensation order though although she will get to pay back only a very small amount I'm afraid.
Customer: replied 1 year ago.
OK thanks
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 1 year ago.
Actually I do have one more question. Apparently she has won money and added that back to her paypal account and I presume added the monies to her debit card, if she has still got those winnings, can I make a claim for those winnings that she won?
Expert:  Jo C. replied 1 year ago.
How much has she won ? Does it cover the amount? Im happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I'm not sure yet maybe 30K to 40K, I'm waiting to hear from the police, . Sorry I haven't rated yet because it tells me to rate only when I have finished
Expert:  Jo C. replied 1 year ago.
In that case, you could seek a garnishing order to freeze the funds but you would need to know where she keeps them. It is fairly hard to garnish successfully.
The alternative is just to sue her at the county court. If she has the money it would be worth it.
She may dissipate it but that is a risk worth taking.

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