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Solicitors - special status regarding evidence
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CLONNEN
Posts: 109 Forumite
I want to reclaim money that was erroneously taken from my Lloyds savings account during my parents bankruptcy Dec 27th 1996 (my mum has the same first initial as me). Probably via court action.
A computer screenshot of my Lloyds account details was done within a fortnight of the money being taken. This was printed out in the presence of our solicitor and was signed and notarized.
The solicitor also did sworn statements from the bank employee who processed the erroneous closure (she admitted that she only checked the surname and the address since she assumed all the accounts on the list she was given by the bankruptcy trustee were my parents') and from the Lloyds bank manager who we had raised our complaint with the week before.
My parents did a sworn statement stating that their bankruptcy trustee had refused to give the money back or put their complaint through to the relevant authorities.
My gran did a sworn statement that the money in my savings account had come from her (it was never my parents money).
Our solicitor said that because the evidence had been legally signed and witnessed etc. and given into his safe keeping that the evidence would be treated by the court as if it had been submitted in Jan 1997 even if I didn't take court action until fifty years time. Is this true?
A computer screenshot of my Lloyds account details was done within a fortnight of the money being taken. This was printed out in the presence of our solicitor and was signed and notarized.
The solicitor also did sworn statements from the bank employee who processed the erroneous closure (she admitted that she only checked the surname and the address since she assumed all the accounts on the list she was given by the bankruptcy trustee were my parents') and from the Lloyds bank manager who we had raised our complaint with the week before.
My parents did a sworn statement stating that their bankruptcy trustee had refused to give the money back or put their complaint through to the relevant authorities.
My gran did a sworn statement that the money in my savings account had come from her (it was never my parents money).
Our solicitor said that because the evidence had been legally signed and witnessed etc. and given into his safe keeping that the evidence would be treated by the court as if it had been submitted in Jan 1997 even if I didn't take court action until fifty years time. Is this true?
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Just remembered that the solicitor said that because I was under 18 at the time the money was erroneously taken from me that there is a special "Time Freeze" rule that can be invoked at the time of making the claim. So the case would be treated by the court as if I was making the claim in Jan 1997.
I have heard of this before - my best friend's mother was orphaned at age 5 but was able to successfully sue the police department when she turned 18 for mishandling her parents' deaths (hit and run victims) and witholding information from her. So the standard 6 year rule for making claims doesn't apply to people who were children at the time.
Anyone know what the legal form for the time freeze is called and where I can get one?0 -
Sorry this is out of the sphere of most of our experiance. Why don't you try posting on the CAG boards, they may be able to help.
http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-centerBSCno.87The only stupid question is an unasked oneLoving life as a Kernow Hippy0
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