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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A neighbour of mine has defrauded me out of £20.000 pounds.

Customer Question

A neighbour of mine has defrauded me out of £20.000 pounds. I have been in touch with the small claims court who have said they have to pay the money back, as yet I have not had a penny can you advise me what to do.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

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

To be clear you have judgment again this person from the court?

Alex

Customer: replied 8 months ago.
can I accept that you are legit.
Expert:  Ash replied 8 months ago.

I am a solicitor in England and Wales yes. But I need to know if you have a county court judgment against him.

Customer: replied 8 months ago.
I do have a judgement against them They are a young couple who have now moved away. I paid £910.00 pounds to the small claims court. but they are refusing to pay.
Expert:  Ash replied 8 months ago.

do you know where they have moved to?

Expert:  Ash replied 8 months ago.

If so, do they own the house they have moved to?

Customer: replied 8 months ago.
I do they are still in Rotherham, Just a moment and I will get their address. Their Names are***** and Lee Whitelam.***** Manvers, Wath upon dearne. S63 7DJ No they dont own the house they rent from Northern Counties like I do.
Customer: replied 8 months ago.
Can I contact you later as I have an appointment with my doctor at 9.45am or If you can send me an e-mail. I will get back to you.
Customer: replied 8 months ago.
Hi Alex Mrs Marks Here. I asked you about my ex neighbours who have taken my money. I do have a judgement against them.
Customer: replied 8 months ago.
Sorry Alex have given you the wrong e-mail address the one I gave you was an old one. My e-mail address now is***@******.***. sorry my head is spinning with all that is going on.
Expert:  Ash replied 8 months ago.

Sure. Do they have any assets?

Customer: replied 8 months ago.
I am not sure on that one, I know they are both on benefits. They had £10.000 in cash and bought goods out of my mail order catalouge, which they have sold and left me to pay for. The lady that has moved into the flat they were in keeps getting letters from companies that they have bought items from but not paid for.
Expert:  Ash replied 8 months ago.

I understand. However if they do not have any assets, money, property, or are working then all you have is a paper Judgment. You can seek to enforce it by:
1) Sending in bailiffs

2) Charge on any property they own

3) Freeze money in bank account

4) Attachment to earnings

But given they are on benefits they are not likely to be working, have money or property.

What you could do is make them bankrupt and the Official Receiver will look to see if they have any assets. But the cost of that to you is £1000 and if they dont have any assets your debt and that £1000 is written off.

This means unless you know they have assets there is no point taking it further because it will only cost you money and there is no guarantee you would get any of it back

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?
Alex

Customer: replied 8 months ago.
I understand, it just makes me so angry as it was money that my mum left me when she died. They told me I would get the money back from the inheritance her grand father had left her, but that was a lie aswell, he died in 2006. her mum told me she had already had the money.
Expert:  Ash replied 8 months ago.

I agree totally. If you had a charge on the bank account you may have got the money. But you would need to make an application to the court and hope she still had it.

If its been spent now its too late.

I am sorry. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
OK Alex thank you very much, I shall have to get over it. It will never happen again.
Customer: replied 8 months ago.
Hi Alex Can you tell me how much I owe you for your services.
Expert:  Ash replied 8 months ago.

I think you have paid a one off fee, so its all settled. Thank you.

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