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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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In the words of our QC/Barristers and Solicitors, regarding

Customer Question

In the words of our QC/Barristers and Solicitors, regarding a Sham of a Court Case back in 2007 against my husband (who was a Director in the Company) and myself (as the then Bookeeper), a Proceeds of Crime Order was put in place, this resulted in £85,000 being taken not once but twice in addition to £63,000 compensation payable to the Owner/Director of the Company, also in addition to £10,000 supposed costs incurred by him as my husband was before the trial in the process of taking him to a Tribunal, which in fact never materialised. In a nutshell, the person who did this to us, also did it a few years before to a lady in USA who ran his company there and ruined her life, he then returned to the UK and did the same to my husband and myself after we had run his business here in the UK successfully for 13 years. We knew that we didn't stand a chance against him when he had taken advice from his Uncle who had been Chief of Police, and also the investigating Officer was too close and Personal towards them, as I later found out he had attended a party at their home during the trial, of which we did make a Complaint against him with the Chief of Police, but all to no avail. We had 3 trials within a Trial, when his daughter waved to members of the Jury when they entered Court, another Jurer went on a bender one night and didn't turn up the next day and two other Jurers sitting in the front row, spent their time eating sweets and talking to one another throughout the trial, then to top it up His sister was caught by a Solicitor speaking to HIS sister during a lunch-break. I cannot tell you how this has affected out lives, after my husband grew up with HIM and worked for them from 1966 until 2004, was classed as part of their family by HIS father, it is now 6 years ago since we were accused through HIS lies and forcing his family to lie also, which resulted in us both doing a short period in PRISON. Our lives are in ruin because we have both worked hard all of our lives, myself in Office Administration and my husband running their successful company, we have saved hard all of our lives to then be stripped of our savings at a time when we now need it most. My question is, Should it have been taken at all and in particular should it have been taken twice for something we DID NOT DO, on a case fed by LIES. Regards XXXXX XXXXX

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I'm very sorry for the delay.

I'm not sure what you mean by taken twice?
Customer: replied 4 years ago.

At the time, we were both informed by our Solicitors/Barristers that the Proceeds of Crime Orders may be taken off each of us, because we were both involved in the case. The amount of the confiscation order was for nearly £85,000 (unsure of exact amount) at this time, of which this was taken off each of us. In addition the £63,000 so-called compensation paid back to the company, which was for work that my husband personally diversified into doing underground Camera Work, something the company had never done before and which was to benefit to promote further work for their sewerage/drains company. This was expert work that no-one else could do nor wanted to do, and ALL was properly invoiced and Taxes paid on ALL of it. Of which I feel the taxes paid should now be returned to us

Expert:  Jo C. replied 4 years ago.

Sorry if I'm missing the point but why does this mean its been taken twice?
Customer: replied 4 years ago.

Because our Barristers informed us that the POC order was supposedly for nearly £85K and that it was possible that they might take it off both of us, and they did in fact do that. In addition to the other monies I have previously mentioned.

Expert:  Jo C. replied 4 years ago.

Do you know what the benefit figure and the recoverable figure was please?
Customer: replied 4 years ago.

"For Jo C"

No I am sorry I don't, we do have boxes galore of the Court Papers, but the thought of looking at them is too upsetting, I wouldn't know where to start.

Even though it is 6 years ago, it has affected my health greatly due to the trauma, I am now attending the mental health clinic as it has destroyed both of our lives to the point of never does a day go by when we talk about it, as the case lasted approx.4 months and it really took it's toll on us and my family.


Expert:  Jo C. replied 4 years ago.
Ok. Don't worry.

I'm due out tonight but I can look at this later on this evening if thats OK?
Customer: replied 4 years ago.

For Jo C

Thank you so much

Expert:  Jo C. replied 4 years ago.
Sorry for the delay.

Obviously you have to take into account that I haven't had full vision of this case.

However, they should not be claiming double compensation from both of you. They should be deciding on the benefit figure and then the recoverable figure and making an order on that basis.

It might well be that the recoverable figure is something that would have to be paid by selling a joint asset. It might be that if the order cannot be paid they make a confiscation order of something that you jointly own.

But they cannot claim twice.

Can I clarify anything for you?