Charges on property - fraud?

[saintseb]

Hi All,

I'm aware that this could possibly be in the wrong section of the forum, so I do apologise if that is that case. I am slightly at a loss and need advice;

-My father has stage 2 Multiple Sclerosis and has 3 rental properties. He is currently in debt.
-His sister told him that he could get monies by using her small company as a way of getting funds and use his three properties as security. Initial loan needed £100k
-When it came to signing the contract with the loan shark/lender - he could not access the offices, so they came out to the street and he signed it and realised it was for £250k
-He was then told when the money hits his account, he has to transfer to his sister business account - otherwise the loan is deemed invalid
-He did this and has not had a penny, but his three properties are used as security and the loan term is due to expire this week. He is in further debt.

Please keep in mind he has MS and should not be signing anything in the first place. I have only learnt about this recently, as he confided in me as a last hope.

I am looking to apply for power of attorney over him, to avoid these things happening. Do we have a case of fraud here and do I go to the police, inland revenue or a solicitor (which will cost money he does not have and time) ? I have checked land registry and they have applied security on all three properties.

Any advice would be very much appreciated or a pointer in the right direction

[2222]

That sounds awful. So, the loan went into his account, and then he transferred it to his sister? If you can afford to pay a solicitor yourself, I suspect that's your best course. Have you spoken to the sister?

[saintseb]

Hi 2222,

Thank you for your response!

That is correct; there was a transfer of funds from him to his sister - which makes it hard for me to sympathise in the first place; but felt he was under duress to do so, otherwise they would call the loan in?

I'd have to find the funds for a solicitor, but they are limited. The sister will not speak to me; I have told him it would be the best thing; I think she suspects that as I am not vulnerable and this is deceitful and cannot be manipulated, she would not have a leg to stand on

[Amethyst]

Do you have any copies of any of the paperwork ?

Have you checked the charges on the properties with the land registry ?

Was his access restricted to the 'offices' due to his disability?

The 'company' did transfer 250k to his bank account and he transferred the full amount to his sister ?

Have you seen the bank statements ? Is this a normal sum of money to be going through his account ?

[saintseb]

Hi Amethyst,

Thank you for your response!

-He requested copies of the contract,but has not received anything till this date
-I have checked land registry and the charges had been applied in June 2018
-His access to the office had been restricted, due to being on a motorised wheelchair
-That is correct with the method of transfers. He was told by his sister that he has to, otherwise the loan would be deemed void and requested back, by the lender..
-I have had to look at his statement and it is not a normal amount transferred back and fourth to each other

Do let me have your thoughts?

[des8]

This sounds as if there has been an offence under The Serious Crime Act 2015.
This offence is of controlling or coercive behaviour in intimate or familial relationships (section 76).

https://assets.publishing.service.go...y_guidance.pdf

[saintseb]

Hi Des,

Thank you for your response, much appreciated

Would this be a costly thing to pursue via solicitors or something I could perhaps put in a claim for? Any suggestions are appreciated

[des8]

The actions you mention obviously lack full detail.
As a one of act it could possibly be regarded as fraud, but as it took place within the family it might just be one example of controlling behaviour and could therefor fall under Sec 76 as above.
IMO your suspicions should be reported to the police for investigation as such behaviour rarely stops at one instance

[saintseb]

Hi Des8,

I really do appreciate your response.

I had considered contacting;

-The Police
-The Inland revenue
-The safeguarding team (as she lives in the inherited house with him)

I would perhaps firstly write a letter asking for this to be sorted amicably in the first instance and see if I get a response?

[des8]

Certainly I see no reason for not trying to sort it out amicably, because if you take the legal steps the family rift will grow even wider.

Be sure however your father is not conditioned further, so that he "confesses" to knowing and agreeing to exactly what was happening.
It is not difficult for manipulators to confuse the vulnerable into supporting the abuse, as the abused do not realise they are being manipulated