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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75514
Experience:  Over 5 years in practice
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I've been accused of fraud of a club I run. I'm also the

Customer Question

I've been accused of fraud of a club I run. I'm also the lease holder but run the club as a community club due to been CASA registered (HMRC).
JA: Where are you? It matters because laws vary by location.
Customer: Poole, Dorset
JA: What steps have you taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  Jo C. replied 12 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 12 days ago.

How can I help with this please?

Customer: replied 12 days ago.
Hi,
I run a martial arts club in Dorset and have done for the last nine years.
I am the lease holder and the treasury of the club. We also are CASC registered for business rates relief.
I paid myself 2K expenses as an instructor, which the cost of a camera, and travel etc and I've not claimed for all expenses.
As the lease holder, I have to run the building as the building manager so I deal with the day to day running, maintenance, building insurance, telephone, internet, gas, water, electricity etc. I also do advertising, invoice to other clubs who hire the centre etc. As lease holder I paid my self 4k for the last nine years work.
This is the only payment I had had due to having no funds, but now we have some savings.
I have built the martial arts centre up and now rewarded myself due to the hard work & signing a new five year lease.
Our old chairman who resigned in May 2019 then contacted the police around October 2019 after a period of emails to and thro with him not been happy with my answers to the accounts.
He never asked me what expenses I have taken. this was due to the old secretary been sent the bank text alerts from May june & july when I took 4k in May and 2 k in june 2019. But the old chairman NEVER asked what expenses I took, but just started a serious of emails demanding the accounts, which I sent immediately.

Now the police still haven't found an issue, but the issue is still running on.
The 2k is expenses which is covered in receipts & travel.
The 4k is covered through my time as building manager & lease holder.
Over the nine years I have constantly worked to keep the centre going due to my name on the lease
Expert:  Jo C. replied 12 days ago.

Ok but what is your question about this?

Customer: replied 12 days ago.
Is it a good case to sue for intermediation, slander?
Expert:  Jo C. replied 11 days ago.

Thanks for the information

 

You do have the option to sue in defamation. This very definitely is defamation. The problem with that is that you have to prove that it was false as opposed to just an allegation that was disbelieved. That is hard to do as you will have the burden of proof. Also, this is a very expensive action and if the accuser has no money there is no recompense. You would still get an injunction though.

 

You could also sue in harassment if there is more than one allegation. There is a fairly settled law now that making false or trivial allegations can be harassment. That does still cost but it is much cheaper.

 

Or you could get a solicitor to write to her warning her of the laws of harassment and defamation and making clear she should desist. That would only cost about £100 plus VAT.

 

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

 

Jo.