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When is fraud and theft not fraud and theft!! ?

(1 Post)
sneezecakesmum Thu 07-Jul-11 16:37:28

My BIL was told to leave his home 6 months ago by his ex partner after 25 years. They were never married. She gave him 1/2 hour to leave so he just grabbed what he could and slept in his workshop!

Anyway a couple of weeks later he discovered that she had emptied a bank account of £2400 after activating the account with the PIN he hadnt even opened (yes, stupid++) The bank said they would prosecute, they accepted he was not living with her at the time and fully refunded the money after looking at the evidence - within a week, and recognised the money was given by BILs mum for his business, so not her property in any way. They said 8 counts of fraud.

His older son admitted recently he and his sister had taken out the money after his mum activated the account despite knowing it was his money, and after she drove them on 8 occasions to the bank.

BIL wanted to use this prosecution in his upcoming court case to get 1/2 the money for the house and outstanding property, as proof of her unreasonable behaviour so called the bank today. They told him they are not proceeding because it is civil!!

What they really mean is to take this to court where the burden of proof is on them BILs exP only has to say she had his permission to take out the money and there goes thousands of pounds in court costs because its one persons word against another. No wonder BIL thinks she will get the house (joint tenants on mortgage) she always escapes justice and gets away with it sad angry Thoroughly pissed off as she was bang to rights! Surely the bank accepted it was fraud by reimbursing his money immediately (he told them straight away she was the only one who could have taken it)?

We know there is no way of making her pay with a criminal record and he has the money, but sorry - sad cliche - it is the principle.

Q I assume now that he can talk about it he can bring this up in the court as proof of unreasonable behaviour?

rant over!

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