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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 32990
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Jamie you answered a question for me about my Ex wife

Resolved Question:

Hi Jamie you answered a question for me about my Ex wife robbing money from me as part of the evidence I have the email she sent to me saying that officially she wasn't a part anymore and she informed the working tax office so when she whent into the bank in the 08/09/2016 yesterday she was fully aware that she was stealing from me.please find the email that she sent to me on the 13th of October 2015.20/10/2015 10:58
Marcelxxxxxxxxxx (*****@******.***) just foe security I'll mask my details
Anitas emails
Hi Marcelo,Just a quick email with regards ***** *****!As I am no longer a part of the partnership Polichinelo Circus I cannot receive Working Tax Credit or Child Tax Credit as I am classed as unemployed! My Partnership in the Business officially end on Tuesday 13th October when I moved in to my new home and I have informed the working Tax Office of this official date!The Working Tax Office have asked me to email you to give them a call for you to apply for single Person Working Tax Credit & Child Tax credit so you don't lose out on Benefits your entitled to you should do this as soon as possible!Many thanks,Anitado you think that I should send this email and a copy of the mandate she signed for Natwest ? with my refund letter?
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I have reviewed your previous question as well.

I would be grateful if you could clarify one point for me.

For clarity - the Bank was given clear instructions to remove her name from the account prior to the money being withdrawn and they agreed to do so?

Customer: replied 1 month ago.
Hi Clare,
when we first split up I contacted the bank by phone and asked if them to remove her from the account saying that she left then they said they couldn't do that because she was a partner so I asked if I could have another business account opened as I needed to continue to trade they said I couldn't and I she have to agree and signed to be removed, she then signed on the 13th of october and informed the tax credit office she was no longer a partner in the business and she was unemployed and I carried on using the account, then I noticed her name was still on statements so tried to contact the bank and they kept telling me to speak to different people, then told me to do the paperwork again and she again signed, and again in January another form was signed by me and her this time they said she had to sign the agreement and instruction to transfer accounts, 3 or 4 weeks ago they said i had to change to a solo trader account and this whole time she had access to the account then on the 08/09/2016 she walk in to natwest and they handed £5000 to her and she knew she was stealing as she signed about 3 times to say she was not a partner and to be removed the only reason she have access is because the way the bank handle the situation and she knew I needed to keep trading.
she even told the tax credit office she wasn't officially part of the company anymore.
Customer: replied 1 month ago.
can anyone answer this for me please?
Expert:  Clare replied 1 month ago.

So for clarity.

You asked the bank to remove her from the account on three separete occassions.

They lost the paperwork twice and the third time changed their mind about what they wanted you to do.

They said you needed to open a sole trader account - what action did you take about it?

Customer: replied 1 month ago.
they didn't seem to find and I spoken to different people, they messed me about and they told me to do it again and also fill it again then in January they ask both of us to fill and sign the agreement and instruction to transfer the account and we did fill to transfer to me yesterday she told me that the last time we signed the paperwork was April then I asked them to fax it to the branch I was in they then only faxed the first one from the 13th of october and the agreement and instruction to transfer the account signed in January and they said it could not being processed because it was a partnership account and I need to open a sole trader. I found out about 3 weeks ago but because of working hours had not time to sort out I was do it on friday but she went to my account on thursday and wiped the money out. so they didn't loose the paperwork but they couldn't find or something like that bad communication in between themselves
Customer: replied 1 month ago.
every time I filled the paper I was under the impression that she had been removed but then her name was still on bank statements
Customer: replied 1 month ago.
was so hard to get hold of the office that looked after my account (business manager) that the lady in the branch put a complain about them for me, but I never heard anything about the complain
Expert:  Clare replied 1 month ago.

What explanation has your ex given for her actions?

Customer: replied 1 month ago.
I sent the email below yesterday and she just ignored no reply back.
Hi Axxxxxx,
can I kindly ask you please, if you can return the £5000 that you stolen from me. that Money is to pay for my staff wages.
and you know who they are and you know fully well that's the money I have to pay them for their work.
from the £5000
you are stealing from Vikki Jones £2000, Danyel Jones £2000 and from Jordan Ramos your own son £1000
I have no money to pay for the work they are providing for my company.
when you walked to the Natwest branch you was fully aware that you was robbing me.
so please show a bit of decency and return the money please
Take Care
Expert:  Clare replied 1 month ago.

My colleague was a little optimistic in suggesting that you can take legal action against the Bank immediately.

In fact you have two ways forward.

The first is to make a formal written complaint to the bank and ask them to replace the £5,000 on the basis that if they had acted correctly the money could not have been removed.

The second is to take steps to recover the money from your ex either through the divorce proceedings or (unusually) using Money Claim on line

on the basis that she took the money from the firm rather than you personally

Please ask if you need further details

Customer: replied 1 month ago.
she took the money from our business account as if she was still a partner when she was not it was not personal money it was company money but she left the company.
Expert:  Clare replied 1 month ago.

Yes and that is why you can sue her for the return of the money

Clare, Solicitor
Category: Law
Satisfied Customers: 32990
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 4 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much for your help.

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