Help/Advice Re a Theft Court Case

Smamfer

Right all i need some advice if possible. This could be lengthy and pre apologies for that. Ill try to break it down as simple as i can.

July 2007 i sold an item from someone on ebay and they made an error in paying me and rather than sending me £1.76 they sent me £176.00. They emailed me straight away saying some kid had done it by mistake and i emailed them back saying no problem, once the money went in my bank if they passed me their bank details i would transfer back the balance asap. She emailed me and thanked me saying i deserved flowers.... I sent the money back, job done!

November 2007. I go to do a bank transfer to my dads account of £800 as he had lent me some money for a deposit and accidentally sent it to the " ebayers" account as stupidly i had her down as " natwest" and my dads account was " natwest" and right next to each other in my online banking list. Dad contacted me a week later saying he had not had the money so when i checked i realised what i had done!!:eek: I contacted my bank Halifax straight away who told me they couldnt help and i needed to go to Natwest and have a word with them. Next morning i did that Natwest said they couldnt help me and Halifax said they couldnt either but both banks could tell me that yes i had made this error. I asked Natwest to pass on post for me to the woman explaining what i had done and to arrange to get the money back. They did this and after 3 special delivery letters she chose to ignore all of them.

January 2008
I spoke to my sister who works in the legal profession and said because the woman knows the money was not hers and has been told its not hers it is actually Theft! I got in touch with my local police who passed it on to the relevent police force from where she was from and she was brought in for questioning. Get this...............:rolleyes:
On being brought in for questioning she said that yes she did know the money wasnt hers but put it down to " coincidence" as she was waiting for her sons car insurance cheque to go in and it was for roughly the same money, so when my money went in she thought it was that..... fair enough... but then a week later a cheque came for the car insurance ( which she had been told it was going to be a cheque and not a bank transfer) so she never bothered questioning it. On rfeceiving two lots of money she had a good christmas and ignored all correspondance. Whilst in questioning she said to the police how sorry she was.....:mad: and she would pay me back at £ 25.00 a week. The police obviously believed this..( the woman btw is 56) and let her go.

March 2008
I was given a works mobile number and a home one, i contacted her where she told me i was not to give her a hard time and yes she had done wrong and she would pay me at the above rate. I spoke to her on the monday and said that by friday she needed to have sorted out a provident loan or something as it would actually be quicker to pay me this way and i had waited long enough. I said i would ring her back by friday to find out what she was doing. Guess what.... Mobile handed back and home phone now not a number!:mad:

So i contacted the police again to find out what my options were and they said that due to them believeing it was a coincidence the case was closed and their was nothing more they could do.

July 2008
I had looked at other options and some of them i admit were not too pretty but peoples nastiness makes you feel like this at times. I decided to go to the county court and take my options there. Well this has been going on and on and on and on and on they are not the fastest of people, From asking for judgement and then judgement to be set aside then defaults and everything. She has not answered one single court letter or anything and in total its cost me an extra £200

Bringing it up to date..

The last thing that has happened is that i paid more money as she has ignored the judgement. I have just paid out £16 to find out what other judgements she has about her..( im appalled for a small amount of money with just their address and names you can find out all of peoples financial details) Anyway it seems this sweet lil ole lady has 7 judgements against her ranging from 2003 £400 quid to 2008 £11,000 :eek: They are all classed as unsatisfied judgements.

I have looked at my court papers and i now have a few choices obviously at more cost..
1)I can send the bailiffs in... but as we all know for them to take £1000 worth of goods from her house she has to have a hell of a lot of stuff in there.

2) An attachment of earnings. IF she is working they will put a court order on and i will get money weekly that way...

3) A bank account thing which means i can have her account frozen and they will give me my money.. IF she has it in there but if the account is o/d i wont get a penny and she will be informed that i have put the freeze on and be given chance to stop paying money in and to withdraw money! :mad:

As you can see im a bit stumped. This has now been passed from the county court which was dealing with it to her local court. They are now offering me the chance to pay £45 which will order her to court to swear on Oath what her incomings and outgoings are.. proof of bank accounts and any money, any other money coming in the house and dependants etc. Proof of any work and cars and properties. This is what im thinking because then i will know which one of 1/2 or 3 to do... thus saying this nothing to say i will get my money!!:mad:

I will be honest and considered just going and knocking on her door! God knows what i would say when i got there but after i was so kind enough to pay her back the money after her error she treats me like this. She is a down and out theif who seems to get off getting credit and doing nothing about it.

So my question to you,, ladies and gentleman, anyone who is still awake.... lol.. what would you do??? My dad seems to wonder now if it is worth keeping throwing money at it after finding out about all her other judgements. The courts havent really helped me tbh as after everything ive done she has just ignored it.... Its getting me down, My folks need this money and i hate the fact that people can be so low!

amersall

what a !!!!!!! sorry i dont know what you should do, but hopefully someone will come on and maybe give you further advice, i hope you find a solution good luck x

looby75

what a total biatch. I wouldn't let it drop.

I hope you manage to get at least some of your money back

Smamfer

amersall wrote: »

what a !!!!!!! sorry i dont know what you should do, but hopefully someone will come on and maybe give you further advice, i hope you find a solution good luck x

Thanks chick,.. frustrating is an understatement x

beanielou

Time to let it go I think.
Seems you are just chucking good money after bad.

fairydiamond

You have her bank details, buy something and set up a large direct debit in her name. :beer:

On a serious note I really feel for you. How awful! Don't know how anyone could do that.

Smamfer

fairydiamond wrote: »

You have her bank details, buy something and set up a large direct debit in her name. :beer:

On a serious note I really feel for you. How awful! Don't know how anyone could do that.

Lol do you know.. i hadnt even thought about that! Tempting i sadly have to admit

mogchops

I dont know how people like that can sleep at night.

Realistically, is there any likelihood of you getting any money back at all? Maybe for your health and sanity its time to let it go....but I totally understand how you feel. Its incredibly frustrating that shes getting away with it.

Smamfer

mogchops wrote: »

I dont know how people like that can sleep at night.

Realistically, is there any likelihood of you getting any money back at all? Maybe for your health and sanity its time to let it go....but I totally understand how you feel. Its incredibly frustrating that shes getting away with it.

To be honest i feel like sending the bailiffs in.. and eventhough i know i wouldnt get all of my money back just to know she has lost something would make me feel good!

OliveOyl_2

I no longer have any faith in the justice system of this country - I'm sorry I wish I could say otherwise.

My debt is almost 100% down to a failed court case. Though our solicitors were encouraging us to continue.
But a friend who is also a solicitor said "Let it Go". And for us that was good advice.

But I still wake at night (4 years on!!!!) in a RAGE at the unfairness of it all.
We all want justice, I just don't think we get it in our courts.

Good luck with whatever you decide.


(and I sincerely wish that we had fought dirty at the beginning, published names, dished dirt and lied like our oponent did)

Smamfer

OliveOyl wrote: »

I no longer have any faith in the justice system of this country - I'm sorry I wish I could say otherwise.

My debt is almost 100% down to a failed court case. Though our solicitors were encouraging us to continue.
But a friend who is also a solicitor said "Let it Go". And for us that was good advice.

But I still wake at night (4 years on!!!!) in a RAGE at the unfairness of it all.
We all want justice, I just don't think we get it in our courts.

Good luck with whatever you decide.


(and I sincerely wish that we had fought dirty at the beginning, published names, dished dirt and lied like our oponent did)

I know what yo mean.. as i said my sister is a barrister and even she doesnt agree with a lot of the law