Found guilty but no reparations!

hollydays

Contact victim support

Tiggi126

Thank you hollydays.
I didn’t know there was one ��

hollydays

Tiggi126 wrote: »

Thank you hollydays.
I didn’t know there was one ��

You should have been sent leaflets prior to the court case usually with the court paperwork

Momanns

Hi OP - Did the Police look to obtain an order under the Proceeds of Crime Act? Only say this as it usually doesn't happen at the point of conviction/sentencing but it's another hearing further down the line.

Check with the Police force who made the prosecution or reach out to witness support as suggested above. In most cases where there is a clear loss to the victim the Police will do what they can to get the funds back. The Proceeds of Crime Act gives the Police to look at any assets held by your niece etc

elsien

Momanns wrote: »

Hi OP - Did the Police look to obtain an order under the Proceeds of Crime Act? Only say this as it usually doesn't happen at the point of conviction/sentencing but it's another hearing further down the line.

Check with the Police force who made the prosecution or reach out to witness support as suggested above. In most cases where there is a clear loss to the victim the Police will do what they can to get the funds back. The Proceeds of Crime Act gives the Police to look at any assets held by your niece etc

Sadly not always the case.
I know someone with dementia whose children emptied his bank account of thousands of pounds. They are not being prosecuted and the police/CPS appear to have written off trying to get any of the money back.

Tiggi126

Hi Momanns,
Yes, police had asked for an award? Money
to be repaid. No mention of it in court.
The defence barrister is quoted in the local
paper as saying ‘the defendants father is keen to make full reparations to the victims’. We can’t find
proof of this although the man I spoke to on the
news desk said, it wouldn’t be quoted if it hadn’t been said.
I seem to be running around in ever decreasing circles.
Thank you, Linda

hollydays

Does she have the means you to pay you back anything?
Have you contacted victim support

D_M_E

Try writing to the bank and head your letter COMPLAINT.

In it, detail the fact that your accounts, and the obtained loans and overdrafts, were depleted because of fraud and that the fraudster has been convicted of the offence in a court of law.

They should refund the stolen funds but if you get nowhere with your complaint, your next step is to escalate your complaint to the FCA and get them to look into it.

Catcherupper14

Momanns wrote: »

Hi OP - Did the Police look to obtain an order under the Proceeds of Crime Act? Only say this as it usually doesn't happen at the point of conviction/sentencing but it's another hearing further down the line.

Check with the Police force who made the prosecution or reach out to witness support as suggested above. In most cases where there is a clear loss to the victim the Police will do what they can to get the funds back. The Proceeds of Crime Act gives the Police to look at any assets held by your niece etc

Sorry, but money recovered under POCA (confiscation) doesn't go to victims - it goes into the government pot. If a claim for compensation (which does go to victims) was made it should be on the court record. If it is not and she hasn't yet been sentenced then you still have a chance to ask the officer in the case to contact CPS to have an application made. It will usually not succeed if she has no assets or means to pay.

If she has means and no compensation claim was made, or the judge failed to award compensation then you may need to go to the civil court - a criminal conviction will help your case there.

If she hasn't any means then there is probably no likelihood that you would recover any money from her. If her family has offered to pay, you could speak to them.

Sorry I don't know anything about the bank's liability, but as someone says CAB may be able to help.