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JG_Legal, Barrister
Category: Law
Satisfied Customers: 47
Experience:  Experience of consumer law, financial regulation and criminal law.
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My wife and I bought airline tickets, each paying

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My wife and I bought airline tickets, each paying for their own I paid her the cash she paid online with her card. We have since separated. As she is avoiding my phone calls it has proved difficult to ask her for the details but via a third party she claims to have cancelled the flights saying they were non refundable but she refuses to give me the details/reference of the said flights for me to confirm with BA. As the accommodation is still booked It is my belief that she still has the tickets and intends to use them by name transfer or to sell on. As my estranged wife is a serving police officer I realize this is potential fraud. Having reported this I was given a crime number and an appointment to give a statement. On arriving I was informed that no one was available. I was to leave my number to be contacted but at no point over the next two days did anyone from the police contact me. I however contacted them and each time I was told it was being handled by a different officer. Then I was told it was being delt with by a the CID (colleagues of my wife) at which point I received a call from CID informing me that they would not investigate this 'claim' and now believe it to be a matter for the civil court. I have contacted them and have complained that I believe that the reason for not taking this further is the very real risk that one of their own may have committed fraud and are abusing their position to protect a colleague from potential prosecution. I seek legal advice regarding my position in this matter.
It certainly seems to a civil claim.Essentially, for it to be fraudulent it needs to be a theft - the dishonest appropriation of property belonging to another with the intention to permanently deprive. The appropriation of your cash by your wife was not dishonest - you paid her to book tickets. So, at the time you gave the cash it was not theft.Can it become theft?You believe she is lying about the the contractual terms of the purchase and the status of the flights for her own gain. You say she is deceiving you to retain the money. This can be theft as someone who innocently comes into property can later dishonestly retain it (Section 3(1) Theft Act 1968). However, as it stands you have no proof of this and these types of prosecutions are difficult in relation to proving criminal intent because she can raise a number of issues about her understanding of the contract etc.As it stands it is a civil claim. I believe the police have made the right decision and I do not believe they would have come to a different conclusion if it were in relation to a member of the public.I hope this answers your question but if you require further clarification please ask.
If this answers your question please accept it. If not please do not hesitate to ask for further clarification.
Customer: replied 2 years ago.

Ok I understand what you are saying however is there no way of compelling her to give me the details/reference no of the flight so I can verify they have been cancelled as she states?. Another question, if at a later date it can be proven she has not cancelled but has transferred the name from mine to someone else or sold them to others would this be classed as theft? I simply want from her the information requested which is rightfully mine.

As it stands you cannot compel her unless you start a small claim and through the court disclosure is sought.If you do obtain the proof i.e. that she has lied to you and kept the money. Then, technically this is theft as it is a dishonest appropriation (Section 3(1) Theft Act 1968).I hope this answers your question.
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