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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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In Summer 2014, an employee, Jolanta Hadzic, convinced me that

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In Summer 2014, an employee, Jolanta Hadzic, convinced me that she was going to be selling a £267,000 property in Germany in a few months time. We visited my Chartered Accountant to ask about any tax implications taking this money into the UK. On the strength of the proposed sale I loaned the employee £5K cash and later put a further £1.5 cheque into her UK Bank account while she was out of the UK. She left my employment and then denied to police that I had ever given her the funds. She also ran away with a new lap top computer.
Police asserted to me that it was all a civil matter and refused to help.
I then discovered that police were using the "civil matter" excuse to keep national crime figures down.
Then they took a statement regarding the computer but failed to prosecute. After eight months wrangle with police I was given a Report and told to complain to PIRC.
Now PIRC has ruled that the Chief Inspector's report contains a material inaccuracy and does not address specific areas of concern that I had raised. Additionally, there is no evidence that the complaint investigation considered what appears to be a material inconsistency in the accounts given to the police by my ex employee. For these reasons, PIRC says that the complaint has not been dealt with to a reasonable standard and recommends that Police Scotland. (1) considers the alleged inconsistencies in the ex employee's statements; and (2) considers the applicant's concerns surrounding the ex employee's actions in respect of the lap top receipt. The ex employee had tried to obtain a false receipt for the lap top bearing her name. However. Police refused to explain why they continued to ignore the missing cash and Pirc has also ignored this issue. Last year I read a report in the press where three ladies were jailed in England when each of them failed to repay loans to friends. What I think seems important in my case is the fact that after she ran away the ex employee sent me an email boasting that there never was a property available to sell in Germany. I have a copy of the £1.5 cheque to prove that it went through her bank.From the above. Can you advise me whether or not I have any chance of making a case to PIRC that the transaction constituted a criminal offence and should have been investigated by police?
From what you say there would be sufficient evidence to justify an investigation into the loan on the basis that she induced you to make the loan by fraudulent misrepresentation. That can be dealt with by either or both of the civil or criminal law. You can ask PIRC to look at this although I'm not sure how that would result in the return of your money.
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