Hello my name is ***** ***** I will help you with this.
What is the cost please?
You need to write and set out your losses and request a refund of the cost within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
If the Police have become involved then they if is given a caution it could be conditional upon him paying you, or if it went to Court the Magistrates could order compensation
Can I clarify anything for you about this today please?
Yes, if the Police are involved 3 things could happen:
1) they take no action
2) they could offer a conditional caution (so its conditional upon payment to you)
3) they could charge and a Court could order compensation
Does that clarify?
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All the best.
My name is ***** ***** I have been a solicitor for more than 30 years.
Your sister faces a problem as her ex is a joint owner of the property
As such she may well struggle to recover the monies in this way
How long have they been separated and how old are the children
Were they married?
So they are still married and joint owners of the house?
If so then she certainly cannot sue him for the money - instead this is an issue that should be dealt with within the divorce proceedings
But they are joint owners?
What financial agreement has been reached?