help

helpmeplease1_2

lavidaloca wrote: »

So didn't your Mum use the form and obtain the money then?

My mum has took out a mortgage on the property which her sister is entitled to half of without her consent.

misgrace

I dont think your husband has offended anyone on here, he has done a serious thing, whether mental health issues were a major or minor part.
He has messed up, did he run off and hide?, no, did he deny it?, no, did he blame it on someone else?, no.
He faced it, he was so ashamed and mortified at what he done, he told his wife, he then went to the police, he now is in very serious trouble.

I think its unfair for people to have a go at him, or say he's back tracking, or he knows he was found out, we will never know will we?

Also the Op's wife must be in bits too, not only has her own mother tried to rope her SIL into commiting fraud, knowing he had mental problems and not in control of his senses, now the poor wife has all this to face, plus other family members who will verbally attack them both, the police are involved, courts perhaps will be involved, kids will get hurt through it.
I think we should show a little compassion for OP and his wife.

Bossyboots

Kay_Peel wrote: »

I assumed that the OP was not in a position to pay a lawyer.

The services of the duty solicitor are completely free while you are in custody.

Naturally, you would have to pay the hourly rate for any other lawyer whom you instruct. They'll charge you for the initial interview, and all that hanging around at the station for 8 hours and for any work they do afterwards. It's like being ina taxi with the meter running. You would have to apply for legal aid based on a means test - but until that comes through (and it's not guaranteed) the lawyer would expect a lump sum in advance.

I stick by my advice in saying 'get the Duty Solicitor'. You might need to save money until you instruct a lawyer who will represent you at a hearing.

NO you are wrong!! Legal aid in criminal investigations is TOTALLY FREE while at the police station (not just in custody) even if you take your own solicitor, provided that solicitor is qualified to advise at a police station and holds a contract with the Legal Services Commission to deliver that service. It is simple enough to find out - just ask. I do not understand where this idea has come from that only the duty solicitor's services are free. That is simply not the case - the scheme is wider than that. There is also an advice and assistance scheme available for pre-station advice and post-station work which although means tested it is not difficult to qualify. The actual time at the police station is free for even the most affluent detainee. While the pre-advice work is means tested, the time at the police station is not and in reality there is little work that can be done before and after the interview in any event in many cases. To pick up the station work, many solicitors will give the pre and post station advice and assistance free anyway. Many will give some advice over the phone in the first instance and then spend some time alone at the police station (for which they will be paid) speaking to the detainee. If one solicitor won't help by 'phone or free initial advice, then try another.
I would strongly recommend that you ring around for some assistance and find a legal aid solicitor willing to help. Remember, he would be entitled to a free solicitor at the police station even if he is only being questioned as a potential witness. Again, that attendance is free even if you take your own (LSC registered) solicitor, rather than use the duty solicitor.

The Legal Services Commission defines solicitors attending at the police station as "duty solicitor" or "own solicitor" which was why I put it in quotes earlier.

Legal aid at the magistrates court is means and merits tested (merits wouldn't be an issue here because of the mental health issues) but again, not that difficult to qualify for so could well not cost any money there either.

Kay_Peel

You're right. I'm not disagreeing with you. In fact your first post on the need to start looking for a good solicitor NOW was spot on. I'm making assumptions that the OP isn't in the right frame of mind to research and find his own solicitor at this stage.

lavidaloca

helpmeplease1 wrote: »

My mum has took out a mortgage on the property which her sister is entitled to half of without her consent.

Your Mum is delusional if she thinks she can get away with this.

helpmeplease1_2

lavidaloca wrote: »

Your Mum is delusional if she thinks she can get away with this.

thats the point she thinks she has done nothing wrong and dh has so he will get banged up for it

peachyprice

helpmeplease1 wrote: »

thats the point she thinks she has done nothing wrong and dh has so he will get banged up for it

Well he didn't go and get the forms all by himself and come up with the suggestion of forging signatures did he.

She's up to the neck in this conspiracy as much as your DH is, perhaps even more so as she instigated it and may be considered to have taken advantage of him.

lavidaloca

peachyprice wrote: »

Well he didn't go and the the forms all be himself and come up with the suggestion of forging signatures did he.

She's up to the neck in this conspiracy as much as your DH is, perhaps even more so as she instigated it and may be considered to have taken advantage of him.

Exactly.

I know you said in an earlier post that you haven't benefited from any of this money at all and I hope you can prove this.

She's has had the money so charges should be brought against her.

She has not only knowingly used a form on which her sisters signature has been forged and obtained money under false pretences but she has also instigated the whole thing and used initimdation to do so. How on earth does she think she can get out of this?

pipkin71

helpmeplease1 wrote: »

As the title says,

DH has gone through a mental breakdown if it is or it is not due to this issue he has had a severe meltdown. I am not on here to offend anyone or any person's who have mental health problems that is the last thing i want to do. All i wanted was some advise. Thank you everyone for replying, and i am sorry who i have offended but my husband does have mental health problems and he is seeking help through a GP and a Councillor.

DH does get confused sometimes just like everyone else. He is at this moment here with me and he has asked me to apologise on his behalf, He is also sorry if he has offended anyone.

DH has also told me and i have shared with everyone what has happened. Im sorry if i lost some people halfway through.

Thanks

Personally, I don't think either of you need to be apologising to anyone on this forum for your posts, helpmeplease.

What has happened is very serious, and will be dealt with in due course. Your solicitor may use your husband's mental state as mitigating circumstances if he goes to court, but no-one on here can know whether that will be accepted, because we don't have your husband's medical history to hand.

All in all, if you have found posting here helpful, do continue. Sure, some people will come out with the 'this must be a wind up' comments, but many more have been very helpful, and perhaps take what you can from those.

Obviously, the advice of your husband's solicitor will be the most important, but a forum can bring some comfort and / or knowledge of what will happen next.

I can't support what your husband has done and hope he gets away with anything. I am pleased he is now facing up to what he has done and wish you both well in moving forward, with whatever consequences your husband faces.

helpmeplease1_2

peachyprice wrote: »

Well he didn't go and get the forms all by himself and come up with the suggestion of forging signatures did he.

She's up to the neck in this conspiracy as much as your DH is, perhaps even more so as she instigated it and may be considered to have taken advantage of him.

Hello,
No he did not get the forms by himself he signed it but for some reason my mum thinks that its ok to do what she has.