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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have discovered that a trusted employee (Accountant) has

Resolved Question:

I have discovered that a trusted employee (Accountant) has been helping himself to company money for what looks like at least 3 years. There is a large amount involved. When confronted, he admitted it but has not confirmed how long its been going on. I have not yet gone to the police as still trying to confirm the extent of this.
He says he has no money but will do equity release on is house to repay. However I am concerned that instead, he may transfer his house to his daughter to avoid paying. He is in his seventies. What are my options?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Will you be reporting this to the police or would you rather deal with it in-house?

Customer: replied 11 months ago.
Would rather not involve police as he is late seventies and recently lost his wife. However if unable to resolve, will report to police but fear his assets (house) will disappear before resolved.
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 11 months ago.
Thank you Ben
Expert:  Ben Jones replied 11 months ago.

No problem at all

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. Whilst you may indeed involve the police, if you refuse to do so and wish to pursue him personally instead then you will be relying on him voluntarily paying the money back, or if he fails to do so – by going through court to obtain a county court judgment against him. Alternatively you could make a statutory declaration requiring the repayment of the money and if he does not do so – petitioning for his bankruptcy. If he is made bankrupt for not paying the debts, and in the meantime he has tried to transfer his assets to avoid having them included in his estate, then under the Insolvency Act it is possible to overturn these transactions if they were done to try and place the assets beyond the reach of his creditors. It is certainly not uncommon to for debtors to try and do this and the law recognises this and provides remedies in the event that they do, where transactions can be overturned or if they are in the process of being moved – be frozen. However, I would suggest that you try and resolve this sooner rather than later so as not to give him time to try and find ways of attempting to avoid repaying you.

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