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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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If a crime was committed against me three counts of money fraud

Customer Question

If a crime was committed against me three counts of money fraud and one of blackmail the person was sentenced and served time. The court made them pay a £1, they said this kept the case open just in case the person came into money.

but the person has served the time and is out, but i am still paying off the debt they got me into. Do I have a case and is there anything I can do?

thank you
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.

What do you hope to do about this please?
Customer: replied 4 years ago.

can i legal make that person pay me back the money? I was lead to believe that I would get my money back when it all went to court, but this was not the case. the money hearing was held while she was in prison and i spent hours on the phone with the three different courts to find out what happen

Expert:  Jo C. replied 4 years ago.
How long ago was this please?
Customer: replied 4 years ago.
Happen in 2012
Expert:  Jo C. replied 4 years ago.

Does this person have any money?
Customer: replied 4 years ago.
The day of sentencing her barrister offered her pension up of 15k but that a later hearing I was leed to believe that the courts can't touch that. She is married and it was believed that items had been placed in partners name
Expert:  Jo C. replied 4 years ago.
I am travelling at the moment but will respond to you as soon as I get to a fixed signal.

Thank you for your patience.
Expert:  Jo C. replied 4 years ago.
Thats a problem.

How much does she owe roughly please?
Customer: replied 4 years ago.
About 30k
Expert:  Jo C. replied 4 years ago.
I see your concern.

Its a difficult problem really.

You can sue her easily enough. There should be no difficulty with getting a judgment against her since there is already a criminal conviction.

The problem is recovering the money. She has already moved everything to the name of another. You can ask the court to consider setting aside transfers like that but obviously there is cost in doing so and you bear the risk that it could go against you.

Courts can revisit the issue of compensation but I have to say that I have never yet seen a court actually do so.

Unless they are going to bring a proceeds of crime act matter its very unlikely the criminal courts will assist further.

It might be worth getting judgment anyway and then you can enforce if she does come into money later. The difficulty with that will be that there will be costs in suing although not a substantially high sum as she is likely to concede given that there is no realistic defence that could be raised.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.