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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69049
Experience:  Qualified Solicitor
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I would like to ask about a crime of embezzlement, not yet I

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hi
JA: Hello. How can I help?
Customer: I would like to ask about a crime of embezzlement
JA: Have embezzlement charges been filed? If so, when is the next court date?
Customer: not yet I just need some advice for it
JA: Where did the embezzlement occur?
Customer: the story is that I sent the money to one of my friends on the 2nd of Jan 2020
JA: Anything else you want the Lawyer to know before I connect you?
Customer: but I sent to the wrong person by a mistake on the same day now I've been trying to contact her...but she has not responded and replied anything to me till now I am 100% sure that she received this fund and knew it was a mistake

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How did you send the money?

Customer: replied 7 months ago.
okay

Thanks. How did you send the money?

Customer: replied 7 months ago.
via my mobile online bank
Customer: replied 7 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 7 months ago.
anything you need from me?
Customer: replied 7 months ago.
I supposed to send the money to a friend, but I sent out to the wrong person by a mistake on the 2nd of Jan 2020. Then I've been trying to contact her (the wrong person, she is not a friend, just an acquaintance) since the 2nd of Jan 2020 as well till now. I texted her, no reply. I gave her a ring, no answer. I am 100% sure that she received and knew this money got into her bank account. I have some evidence could prove it. She's on her travelling in Europe at the moment. My friends told me that she posted a post on her FB on the 3rd of Jan 2020, saying she doesn't want to spend the time dealing with this such a small matter, but she doesn't know how urgent do I need this £300.
Customer: replied 7 months ago.
now she blocked my contact and every social media. I was wondering what is she doing now could it be a sort of a crime of embezzlement??

Many thanks for your patience. this is not an example of embezzlement and it is not criminal law anyway – there have been thousands of cases like yours but the police does not pursue or prosecute them. So there is no point in going down the embezzlement route.

If you reported the error within a couple of days, the bank should be trying to make attempts to stop the payment and recover it although there is no guarantee that it will be successful.

The only other thing you can do after that is to consider making a civil claim against the recipient to try and recover the money in question.

If a party wishes to pursue another for money, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the debt in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 7 months ago.
thank you

All the best

Customer: replied 7 months ago.
One more question, if I go for a civil claim, will be it affecting her visa application in the future in the UK?? I mean will it be a note of criminal record or something to her status?

no this will be purely civil and will have no impact on the visa

Customer: replied 7 months ago.
okay so nothing can hurt her....
Customer: replied 7 months ago.
I don't think I can get the money back no matter what if I go for the civil or not...just would like to give her a lesson

well depends how you see it...

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