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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How do I cut a, complicated legal battle/story short? Here

Resolved Question:

Hello, How do I cut a long, complicated legal battle/story short? Here goes: I'm now 66yrs old, a post-war baby born to polish immigrants in Rochdale UK. I married a native polish girl in 1971. We've been together ever since, living in Oldham UK, have 4 grown up children and 3 young grandchildren. I bought a property in Poland nr. Krakow in the year 2000 with a view of retiring there sometime in the future. For reasons I shall explain later, I was unable to have the property signed over on my name or my wife's, so we did something stupid, (you can guess were this is going) ie. we entrusted my wife's twin sister and her husband, who lived in Poland quite close to our property, to have it signed over to them temporarily, with a view of one day retiring, going over to Poland and in between time sorting out the legal technicalities of property ownership. In the yr. 2009 ie. 9 yrs later, my wife and I decided the time had come to retire (maybe semi-retire initially,) to Poland. Yes, you've guessed it, when we arrived in the summer of 2009, my wife's twin sister and her husband would not hand over the keys, made claim to the property and said that in the eyes of the law, the house belongs to them. I will never forget that moment when he held up "a piece of paper, the document, ie. Proof of Legal Ownership" and said " this is the only proof I need". A legal battle ensued and some 3 yrs later, after I won 2 court cases, but ?several thousand £'s out of pocket, my pocket, for legal fees and expenses, they are now paying me £20 to £40 per month, but often missing payments, and have to date repaid less than £2K after approx. 5yrs. The initial debt of approx £17K awarded to me after the 2 court cases, at present stands at approx. £30K because of interest but does not include any of the legal costs I had to pay out. You may be wondering why they don't return the property??? my solicitor in Poland sued for the return of monies, not the property, and furthermore they had hatched a crafty plan and transferred beforehand "our property" on to 2 of their daughters and indeed transferred all their worldly possessions, including the roof over their heads, on to the youngest child. The law in Poland states that I can only prosecute and chase the offender, not the inheritor/s. Their only income is the state pension they receive which isn't very much compared to ours, therefore the High Court Debt Collector can only deduct a reasonable percentage, so as to leave them enough to survive on without undue hardship. My question now is, given that these two daughters, both adults, settling and living in London with their own families now for many years, knowingly and willingly participating in this web of deceit and not wanting to resolve the matter... is their anything in English Law that can help me in this miscarriage of justice? Thank you.
Submitted: 3 months ago.
Category: Law
Expert:  Nicola-mod replied 3 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 3 months ago.

Thank you for your question

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

Sadly I only have bad news.

Despite the fact that the girls are now living in the Uk there is no action that you can take against them here UNLESS you are able to obtain an Order against them in Poland.

I am so very sorry - but since the basis of the action is in Poland that is where any claim must be made - the Uk could only deal with enforcement

Please ask if you need further details

Customer: replied 3 months ago.
Hi,
My thanks go to both solicitors, to you Nicola for your perseverance in finding me the right Professional and to you Clare for giving me a direct and honest answer, although not the one I wanted to hear. At least I wont be throwing more good money after bad in trying to pursue my case in the UK.
Regards,
Stanley.
Expert:  Clare replied 3 months ago.

You are most welcome I am sorry the news was not better

Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Dear Clare,
Although you answered my question and the matter is now closed, as an afterthought, had the situation occurred on English soil, would English Law have allowed my brother in law to get away with it by passing down my "stolen house" and his own property, onto his daughters, leaving him effectively penniless and unable to pay the debt?
Regards,
Stanley.
Expert:  Clare replied 3 months ago.

In the Uk it would have been possible to have the Transfer set aside!

Customer: replied 3 months ago.
Transfer set aside, I'm not sure what you mean,
Expert:  Clare replied 3 months ago.

The transfer of the property to his daughters would have been reversed

Customer: replied 3 months ago.
This is exactly what happened in Poland at the local County Court where they ruled "status quo ante", but my polish solicitor in his wisdom, didn't agree (to this day I don't know why) and appealed to a Higher Court in Cracow where he won the appeal, securing a judgement of approx. £17K against my brother-in-law. It all turned sour when the HCEO concluded that the accused had disposed of all his assets.
Expert:  Clare replied 3 months ago.

Sorry - I meant the Transfer of assets to the daughters

Customer: replied 3 months ago.
Thanks Clare, You've advised me more than enough. Only wished you'd been around in Poland in my hour of need.

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