Brother borrowed 20k without consent

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  • cookyy2k
    cookyy2k Posts: 80 Forumite
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    I would hang fire on the civil side of this if I were you. There is a criminal investigation ongoing and the defendant has the right to remain silent, and not to incriminate himself. The authorities have a positive obligation to protect the rights of the individual meaning no civil case could be heard before the criminal case was finished (whichever way it goes) as requiring him to enter a defense or be liable for the debt would be seen as coercion to giving up his right to silence. I would certainly put everything past the investigating officer before you do anything as you don't want to prejudice the criminal case.
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
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    That. I know people mean well but you really need to let the police deal with it.

    It's a criminal case, so contacting him in anyway, going round like people have suggested or your legal rep contacting him for a civil case. It's just not a good idea.

    It could jeopardise the criminal proceedings.

    I'd just keep everything through the police.
  • NANANINANOONOO
    NANANINANOONOO Posts: 140 Forumite
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    tinkerbell28 wrote: »
    That. I know people mean well but you really need to let the police deal with it.

    It's a criminal case, so contacting him in anyway, going round like people have suggested or your legal rep contacting him for a civil case. It's just not a good idea.

    It could jeopardise the criminal proceedings.

    I'd just keep everything through the police.

    Its dads plan to leave it to the police now for exactly those reasons and we have no funds for a solicitor or any other assistance at the moment anyway. Thanks to all the tips on here we have been able to detail and clarify lots of precise information about dads financial activities over several years that will aid the police build their case against my brother and we are leaving it in their hands.
    I will post an update as and when there is any news.

    Thanks everyone for your help and support.
  • aqua111
    aqua111 Posts: 525 Forumite
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    Best wishes to a very strong lady!!!!!!!!!!!!!
  • kanute50
    kanute50 Posts: 58 Forumite
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    Good luck and very best wishes NANANINA to you and your Dad.
  • gunsandbanjos
    gunsandbanjos Posts: 12,246 Forumite
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    I just read this from start to finish and I'm horrified, I'm so sorry you and your poor dad are having to deal with this.
    The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.
    Bertrand Russell
  • lemonpopsicle
    lemonpopsicle Posts: 655 Forumite
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    gunsandbanjos wrote: »
    I just read this from start to finish and I'm horrified, I'm so sorry you and your poor dad are having to deal with this.
    Me too, what a terrible nightmare it must all feel like. Hugs to you and your dad x
    Life's little instructions- Treat everyone you meet like you want to be treated..Watch a sunrise at least once a year..Strive for excellence not perfection:j
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  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
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    Been a while since you posted NANA - are you OK?

    Best wishes, Sweetie. x
  • NANANINANOONOO
    NANANINANOONOO Posts: 140 Forumite
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    RuthnJasper wrote: »
    Been a while since you posted NANA - are you OK?

    Best wishes, Sweetie. x

    Im doing ok thank you & dad not too bad either. Police have approached bank now but unlikely to get results from that before Christmas & big meeting with dad & I scheduled for 3weeks to review all evidence. Meantime I am trying to make good use of the time by continuing to collate dates, figures & information for dads case folder so hopefully there will be plenty of indesputable proof of elderly financial abuse & fraud :undecided
  • AndyBSG
    AndyBSG Posts: 986 Forumite
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    I can't imagine how awkward Christmas is going to be for you and your Dad.

    Will your Dad even see his son's family at all given everything that is going on?
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