court is getting nearer

[jane4698]

I am the claimant in a civil matter. Background is my brother has been taking money from elderly relatives ATM whilst this relative who has now since died, was in a nursing home. I have the proof, withdrawals from relatives account and same day deposits in brothers bank account. Brother has changed his statement 3 times and there are discrepancies from his statement to his skeleton argument. I have a solicitor, he used a bar barrister? to speak for him at the pre hearings. Now he has sacked this barrister and is a litigant in person, 2 months before the court hearing. My solicitor has asked him numerous times to mediate and or try and settle out of court but he has chosen to ignore the letters. In his defence all he does is try and tar me, he doesn't seem to answer the question as to why he took the money. At first his statement said he would never take money, his second statement he admitted if he took money it would be with the account holders permission. No way would this relative have given him permission. He obtained his card and pin number. I have 2 witnesses in court who will testify the hatred between by brother and this relative. I was given power of attorney, which I think proves that if this relative had permission then it would of been him having the POA. We are talking about £20,000. I realise him being a L.I.P he will be cross examining me and my 2 witnesses. I'm just wondering how the courts look upon L.I.P's. This brother stutters asking for a coffee in a cafe, so goodness knows how he will be when cross examined by my barrister!

[Diana M]

Re: court is getting nearer

This is not my area but may I ask whether you have put forward anything that says the money belonged to you (as POA?) which is why you have the right to make a claim against your brother since I presume you are asking the court to order him to pay you the sum claimed?

Or is this claim being made on behalf of your late relative's estate?

Was there a Will which may have said that you should inherit your relative's money on their death?

How long ago was this?

Di

[jane4698]

Re: court is getting nearer

There was a will. I was sole beneficiary. Probate granted. It wasnt until after probate that we realised the theft. This has been going on with my solicitor for about a year.
He stole for spite as he didnt want me to have the money.