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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wish to take civil action agaist the police and revenue

Customer Question

I wish to take civil action agaist the police and revenue and customs (criminal dept.).I was raided and arrested as the accountant of a business who were being investigated for PAYE fraud (conspiracy to defraud the revenue ) at the point I receiving the evidence bundle there was no evidence against me the forensic accountant's report concluded that I had done nothing different to any of the previous accountants who were not raided or arrested.
I have bipolar .ptsd and gad for which I am medicated and at the time I was highly medicated due to being unstable.I asked for an appropriate adult ,this is also confirmed in one of the officer's witness statements,that I had called someone I had used previously whilst still being in my home but they were unable to attend .Arriving at the police station i asked for an appropriate adult and was refused one.The solicitor offered to me was unable to act due to conflict of interest in acting for a co accused.The next solicitor offered (this is where it gets too complicated to go into full detail ) were from a firm from which some of its staff were in crown court being trialed for criminal offences for which I had in part provided information to the police to aid their case tho |I was not a witness in their trials.
Due to the fact that my dogs were outside in minus degree tempertures I wanted to get out of custody as soon as possible so was interviewed without solicitor or appropriate adult.Later the investigating officer called me and said that having read documents on my computer (documents of legal nature and highly confidential and had details of my witness protection ) he noted i should of had an appropriate adult realising that the first interview may not be admissable he re interviewed where i had an appropriate adult and a solicitor and being classed as a "category 4 " detainee .I made a no comment interview .The case went on for 3 years when it while was finally dropped against me.For many reasons the whole thing had a serious effect on me in the words of my consultant psychologist it had a "profound" effect on my mental well being .
The laws on legal aid changed in april 2013 and I am currently unable to fund an action .How do I proceed ,or can I proceed in a civil action without legal aid ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I ws involved in a previous case where again i was interviewed without an appropriate adult or solicitor when I had recently commenced medication for a hyper manic state . That led to a series of events that included a corrupt olicitor who was previously a policeman for 30 years threatening me as i had started a comp[laint he was arrested when the phone call threatening me at 7.30 pm was traced to his office and matters arising that only the judge and the police were aware of certain information and not even the prosecution in the case was allowed to be aware of .The unlawful interview led to a series of events that would make a good movie I have physical evidence (mostly written correspondence from various sources ) all of which were on my computer seized by customs and it was sugested that the reason I was targeted was so that customs could gather information on unrelated matters of a very serious and secretive nature that I and 2 police officers and in part the witness protection officers assigned to me .Alot of the documents were wriiten by solicitors ,myself and other government bodies.
The thing is previous to the above I was arrested and interviewed with a solicitor and appropriate adult where no further action after the interview was taken .So the police would have had knowledge of that custody record when the above arrest occurred. The above arrest was in connection with multi million pound fraud where someone had used my name and details to carry them out without my knowledge as the signatures ultimately approved along with other matters that made it clear it was not to do with any wrong doing on my part.Like I said previously it is very complicated .
Expert:  Jo C. replied 1 year ago.

For what specific loss are you hoping to claim?

Customer: replied 1 year ago.
tho I had no physical injuries the effect on my mental health, as put in my question,in the words of a consultant psychologist was and still is profound
Customer: replied 1 year ago.
I have attached a statement from HMRC officer which is correct with the exception of the point he makes regarding a phone call he made to mental health services he did not make any phone calls in this regard the second call was made by me to coventry mind who Cherie works for .I did say it was complicated .
Customer: replied 1 year ago.
i have many documents and voice recordings the latter I am unable to send on here
Customer: replied 1 year ago.
i feel there has been a substantial breach of my human rights
Expert:  Jo C. replied 1 year ago.

Yes, I understand it was an unpleasant experience but what is the specific loss - e.g damage to property or injury?

Customer: replied 1 year ago.
I think it would be easy to speak on the phone ,however it does not allow me to enter my full telephone number ,which are ***********02475014784
Expert:  Jo C. replied 1 year ago.

I can do that but it will rack up the cost.

I am perfectly happy to carry on online as that would be cheaper.

I will make an offer so that you can decide.

Customer: replied 1 year ago.
Before i take your offer of the phone call would it be possible to have an email address so that I am able to send you voice recordings with a solicitor (given to me by the solicitor who had recorded them )
Customer: replied 1 year ago.
the calls provide a better view of the situation from a more legal prospective
Expert:  Jo C. replied 1 year ago.

I'm not allowed to give you my email address under the rules of this site.

Are you sure it wouldn't be better to carry on online? It would be much cheaper.

Also, the view of another solicitor is a non issue.

Customer: replied 1 year ago.
I wish to take action for malicious prosecution ,loss of income as an account the resulting considerable instability of my mental state and the pre-existing mental conditions I have .I have been unable to work as an accountant for over 4 years now and am on benefits registered severely disabled after a verification visit by a benefits officer.Tho I had always worked part time from home I could expect my income to be on average £30k a year .Additionally once I am well it will be more difficult to restart to my business as I would have to start from scratch and obtain clients.Added to this having been in the papers stating I had been charged by the Revenue ,although the case was dropped after 3 years, may make it more difficult to obtain clients.
Expert:  Jo C. replied 1 year ago.

Yes, I understand that.

What is the specific loss ? Eg. damage to property or injury to person?

Customer: replied 1 year ago.
I have been informed by 2 solicitors and a barrister that I can take action for the effect on my mental healthdue to the direct actions of law enforcement agencies ,the amount is undetermined .The solicitors in the UK ,where I abased who specialise in actions against had always intended to take on the civil case after the case with HMRC was concluded hence why the second was allowed to go ahead (I have circumstances as to how this interview came to take to place ) and is why they began gather relevant evidence in the form of custody records and other evidence . I was told by a private solicitor who I had taken advice from 2009 has indicated the level of damages to be in tens of thousands ,possibly more and that case has good merits as the repeated breaches of PACE and in the case of HMRC breaches of my "LLP"
Customer: replied 1 year ago.
the action did not take place thus far I was asked £10k to start the case given the reason that the case was complex and involved action against two or more agencies
Expert:  Jo C. replied 1 year ago.

Ok. Best of luck with this.

I will opt out as I cannot ascertain the information I need to answer this question.

Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How much do you want to claim please?

Customer: replied 1 year ago.
minimally £50,000.00 ,I appreciate that law surrounding mental health is a specialised area .However during the case with HMRC there were so many legal "errors " not least the fact that it was discovered that the warrant to raid and search my home was obtained by deception and that the officer in charge approach most the witness with pre typed statements of which some were signed and some were not and the unsigned statements were request by the legal teams and at that point the similarity amongst many of the signed witness statements became apparant.There were many errors in procedures .I cannot accept that I have no recourse in this case as I was informed by my legal team who were well known in the UK .The search of my computer was said to illegal as it contained sensitive and secret information that even the prosecution in the previous case was not allowed to be aware of and many of the documents were of a legal nature produced entirely or in part by solicitors .The consensus of opinion of my legal team was that I was being used by HMRC to gather information on unrelated matters ,(I had previously been in witness protection and looked after by a department that also protects people who are witness in terrorism cases and were totally seperate from the police .They were put in place as I had refused to leave my home ,signing the relevant documentation to allow that to happen despite the insistance of the Police that I be relocated. To give an example one my charges was non declaration of income on properties I did not and never had owned and was simply devicive to keep in the case they were 5 other accountants of this client none were raided or charged and the forensic accountant reported clearly stated I did nothing wrong in my dealings with this client and act no differently than the previous accountants.More than this when being shown documentation relating to the clients charges it was clearly to me that they had deceived me and were in my opinion as their accountant quite clearly guilty but the case was dropped against them too .
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request compensation 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 compensate you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 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.

As your claim is circa £50,000 then you will need representation. You will have to pay for this which will be around £40,000 in costs and you are unlikely to get legal aid. If you win you can claim your costs back, but if you lose you would be liable for the other sides costs.

Can I clarify anything for you about this today please?