Relative victim of fraud/investment scam/Bank acted irresponsibly

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Hi SB, just got in from work and catching up on todays posts, listen to Ame re the court processes etc, you are in very good hands.

As for your Uncles finances, I am fully aware that it may be seen to take away his independence and will be difficult to persuade him to do so but, I think the time has come to get your Uncle to inform the bank that you or your Dad is authorised to access his accounts and discuss any transactions. All this should take is a phone call to the bank from your Uncle to his bank to give authority. I know this is a big step for him but in order to help him you/your Dad need to be able to speak with the bank on his behalf for his own protection and to effectively help him dealing with this.

Once this has been done he can dig a little deeper and get the full picture of what has occurred historically and where/who the money has gone to.

As for the 10K loan, you need to find out what your Uncle told them the loan was for, if it was secured on his property, full terms & conditions etc. You also need to find out how the money was withdrawn, over the counter, bank transfer etc.

Will have closer recap on the thread and get back to you, in the meantime I have PM'd you.

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Just to clarify, do you have the names of the investments or companies that were involved? You mentioned stocks, shares and land scams earlier, could you give more details as I suspect it may be connected to another scam I am aware of involving a forestry scam.

[MissFM]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Just a thought - would Mencap perhaps be of help?

http://www.mencap.org.uk/organisatio...ty-law-service

Also (and I know this is difficult) what sort of insight do you think your Uncle has into his situation? ie does he have the capacity to recognise that he has a learning disability?

[Tools]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Update,

Have spoken with SB's Dad and have more info. Have also given directions for being able to access info on Lloyds account etc.

Had a word with my contacts at Trading Standards who are looking into it and will help as much as they are able.

Will check back in later when I get in from work

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Thanks Jules -

I have spoken to my dad briefly before he went out to work - he's asked me to fill in and send the questionnaire by e-mail.

I'm afraid I may have to ask for some assistance in filling it in as I don't want to make any mistakes.



It seems to say that even though I'm requesting a stay I'll need to complete the questionnaire and I really don't want to fluff it up!

I've attached a blank copy of the form and was hoping someone could talk/walk me through it.

Is someone able to assist me in doing this?

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Is it the N181 or N180 form you have (is it small claims or fast track/multitrack at the top of the form?)


(we'll help you with completing it - it'd be easier with a copy of the defence but as we don't have it we'll keep it as simple as poss.)


Did your Dad mention what the court said when he rang them?

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Well we decided to go for the N181 as we believe it may be over £10,000 with accrued interest. I know it's not ideal that we're not even sure what the claim amount is!

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Well we decided to go for the N181 as we believe it may be over £10,000 with accrued interest. I know it's not ideal that we're not even sure what the claim amount is!

Sorry just to clarify - the questionnaires whereabouts is still unknown! We've had to opt to download the form from the website in the hope the questionnaire hasn't been submitted.

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Well, if the loan was £10k and you don't think that anything was paid back on it at all, it's likely to be £15k area, but it's a straightforward case (at the moment) and a simple moneyclaim so small claims could be considered appropriate, which would be better for your Uncle, but it might get pushed to fast track later. Let me check what's best to do.

Basically this wants to go in to stop judgment being entered (presumably the court said it hasn't been entered yet) then we can do the major information gathering (of things like loan agreement, claim form, defence already entered etc)

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Sorry just to clarify - the questionnaires whereabouts is still unknown! We've had to opt to download the form from the website in the hope the questionnaire hasn't been submitted.

Ohhh I thought you'd found it, you just found the letter saying it hadn't been returned then. Okay did your dad ring the court ?

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Ohhh I thought you'd found it, you just found the letter saying it hadn't been returned then. Okay did your dad ring the court ?

Not yet - we're a bit like ships passing in the night with our work schedules and it's his birthday today so I didn't have the heart to bring it up in great detail it's been quite exhausting!

It would be better if we did find out if the court have received a defence before submitting one wouldn't it? Or is there something I can say in an e-mail to cover that?

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

right we're doing N180.... give me ten just on phone

[SpringBreak]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

right we're doing N180.... give me ten just on phone

Okay Ames thanks ever so much - I'll go make a brew in the mean time

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

You wouldnt have a directions Questionnaire (or letter saying it was late being entered) if the defence hadn't been entered, this will give us time to get everything together.

[Amethyst]

Re: Relative victim of fraud/investment scam/Bank acted irresponsibly

Okay.

N180 - Small Claims Track Questionnaire

A1. Yes

b) Uncles details


C) Track
C1) Yes
This is a simple moneyclaim based on contract and does not involve any complex issues.


D1) Your Uncles local county court - Because I am an individual and the Claimant is a large company with more resources.

D2) No

D3) 1

D4) No / No

Uncle must sign before you send it back xx