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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14277
Experience:  I have been practising for 30 years.
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My ex partner transferred funds from an account in my sole

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Dear Sir/Madam
My ex partner transferred funds from an account in my sole name to pay off our mortgage after we split up... this was done from his mobile without my approval. The transfer has been verified by the bank's fraud department. There were 2 transfers totalling gbp 19k.He also used the joint account after we agreed a freeze having agreed that we would sit down amicably and sort out moneys. He then closed the account at short notice after withdrawing more than he was entitled to.He has free legal advice through his work so will drag out any mediation forever knowing it will cost me...Do I need to appoint a Solicitor? Is this something you can help with?My contact details are*************@******.***.Many thanks *****

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what is your question exactly?

are you looking to involve police and also pursue him through court for your money?

Customer: replied 7 days ago.
Hopefully no police action however I would like the money back through - I think - a claim with a short deadline ... or half of it as the mortgage was joint so I would have had to contribute half this sum to complete our mortgage debt. I am also seeking clarifications and repayments for the other debits he made on the common account before closing it. I am hoping that mentioning fraud will scare him in to agreeing repayment. His free legal advice through his employer does not, I believe, cover anything other than written support and he will not want to have any charges against him - he can afford to pay.
Customer: replied 7 days ago.
I don't need a call... happy with email

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

 

We can continue on here.

 

The bank will not normally deal with this as a fraud issue unless you go to the police. If you go to the police, and the money can be traced, the bank will very often refund the money. Without the police, it’s most likely that is never going to happen and you would be faced with going to court.

 

No one can be compelled to use a solicitor and you are quite entitled to deal with this yourself. There is no reason why you should not do because there is no legal aid and you would have to pay the solicitors costs yourself.

 

If he doesn’t want any charges against him, I would be straight to the police because that puts pressure on him to repay you to avoid criminal proceedings.

I would suggest that you tell him that he has until Friday the thirteenth of December to find this money and return it to you failing which you will be straight to the police with a view to having him prosecuted for fraud/theft.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

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