Carer steals my savings

[Bigwilliam]

My carer stole £21'750 [twenty one thousand seven hundred and fifty pounds] when I withdrew it on her advice to pay bills

cash being more attractive economic relationship to her.

 

She admitted most of it to the police who are considering charging her but have taken two months with no result

or charge apparent yet and dither when I ask for information on progress.

 

I seek help to take a private prosecution and court action to retrieve my savings but now obviously strapped for cash.

 

 

Does anyone have a similar experience with a successful solicitor on a no win fee basis and potential solution to egg on the police such as precedents?

 

I live in London.

Hope to resolve this asap as the bills are mounting up to pay the new help.

[honeybee13]

Hello and welcome to CAG.

 

This sounds awful and I'm surprised that the police don't seem to be doing much. I'll flag your thread for the site team and expect that other forum members will be along later.

 

My best, HB

[citizenB]

Is this a private care company or council employee ?

[Bigwilliam]

She is self employed

[i hate bailiffs]

Does she have assets? House ect

[Bigwilliam]

Yes - in north west and properties in Dubai, Holland and Philippines

[andydd]

Im not sure a private prosecution is required, surely a simple civil claim would suffice ?, although this would prob need a criminal conviction first. The wheels of justice turn slowly.

[i hate bailiffs]

You would if thought the police would prosecute and strip her of what she has gained from her crime

 

Youcould bring your own proceedings against her as there is assets it makes enforcement more likley

[Bigwilliam]

A private prosecution is possible if the prosecutor decides he cant do his homework. Legal help is necessary but so expensive and seek a no win solicitor.

[BazzaS]

My carer stole £21'750 [twenty one thousand seven hundred and fifty pounds] when I withdrew it on her advice to pay bills

cash being more attractive economic relationship to her.

 

She admitted most of it to the police who are considering charging her but have taken two months with no result

or charge apparent yet and dither when I ask for information on progress.

 

I seek help to take a private prosecution and court action to retrieve my savings but now obviously strapped for cash.

 

 

Does anyone have a similar experience with a successful solicitor on a no win fee basis and potential solution to egg on the police such as precedents?

 

I live in London.

Hope to resolve this asap as the bills are mounting up to pay the new help.

 

Can we look at this from the carer's point of view (or, at least, how they might avoid criminal liability)

 

How did they actually gain possession or use of the money?

Did you give them cash?

Did you pay bills for them?

What if they say "these were gifts" or "this money was in exchange for care services rendered"?

 

More detail as to how they came by the money is needed in order to give a reliable answer, surely?

 

What is your main aim?

Any secondary aims??

 

If "to see them punished" / with a criminal record, then consider prosecution, but

a) the standard of proof is "guilty beyond all reasonable doubt" of the offence charged

(So, for example, for theft, all they need do is introduce reasonable doubt of dishonest intent, and acquittal should follow).

A successful criminal prosecution should mean (if they have recoverable assists!) you get your money back.

 

 

To "get your money back"? If you aren't bothered by a prosecution then a civil case has the advantage of only requiring you show your case "on balance of probabilities" rather than "beyond reasonable doubt".

If you gave them money (rather than paid them in exchange for a service) : could you show they owed you a "fiduciary duty" that they then breached?

[GrumpyToSayTheLeast]

Yes, its been reported that they are "considering" charging her which may mean this isn't as open and shut as many may think. I think the op needs to tell the whole story, but if nothing else, the op needs to seek proper independent legal advice before pursuing something like this.

[Bigwilliam]

Thanks for your reply. The cash was hidden in storage boxes in the bottom of a cupboard and only two of us living in the apartment at the time of the last theft of £15k which she admitted taking when I found the money missing.

On previous occasions during 2014 she kept quiet or when confronted about missing monies and blamed others for the theft of money missing. Total missing is at least £21,750

 

She said she had taken the last amount(nearly £15k) for a loan and was going to put it back in a few days which turned to weeks and months with excuses each day and lots of mental attacks, bullying. tears and emotional blackmail threatening to ruin me if I told anyone.

 

I finally called the police and she admitted taking it to them but saying it was a loan which I told the police it was theft as no agreement was made until I found the money missing and she had then negotiated promises of immediate repayment.

This repayment promise was followed by excuses of people having my money not returning it or being ill and to support this story she used the names of all of her family ex-husband and friends one by one as each day passed.

Can these family and friends be called as witnesses for the prosecution to contradict her lies?

 

How did they actually gain possession or use of the money? stole the cash from boxes stored in my cupboard in the apartment.

Did you give them cash? I paid a substantial weekly sum around £200 to her via her bank account and recorded each transaction as her employer so as a carer meant with no rent or other bills this was more than sufficient and I gave her around £20,000 extra from my own income to cover all house bills and her belongings.

 

Did you pay bills for them? She stayed with me rent and bill free since she has her own home elsewhere.

 

What if they say "these were gifts" or "this money was in exchange for care services rendered"? I took the statement at the time of discovery saying she took the money and would repay it back. She destroyed the evidence but I kept scanned copy.

 

In my opinion this is not the first [problem] she has done with vulnerable men as she was very thorough with the police making very plausible defences such as we are lovers and getting married, etc, in her statement to the police and some of which you allude to, but I think she has made some mistakes and been caught out as her statements contradict facts over time.

Edited April 11, 2015 by Bigwilliam

[BazzaS]

Thanks for your reply. The cash was hidden in storage boxes in the bottom of a cupboard and only two of us living in the apartment at the time of the last theft of £15k which she admitted taking when I found the money missing.

On previous occasions during 2014 she kept quiet or when confronted about missing monies and blamed others for the theft of money missing. Total missing is at least £21,750

 

She said she had taken the last amount(nearly £15k) for a loan and was going to put it back in a few days which turned to weeks and months with excuses each day and lots of mental attacks, bullying. tears and emotional blackmail threatening to ruin me if I told anyone.

 

I finally called the police and she admitted taking it to them but saying it was a loan which I told the police it was theft as no agreement was made until I found the money missing and she had then negotiated promises of immediate repayment.

This repayment promise was followed by excuses of people having my money not returning it or being ill and to support this story she used the names of all of her family ex-husband and friends one by one as each day passed.

Can these family and friends be called as witnesses for the prosecution to contradict her lies?

 

How did they actually gain possession or use of the money? stole the cash from boxes stored in my cupboard in the apartment.

Did you give them cash? I paid a substantial weekly sum around £200 to her via her bank account and recorded each transaction as her employer so as a carer meant with no rent or other bills this was more than sufficient and I gave her around £20,000 extra from my own income to cover all house bills and her belongings.

 

Did you pay bills for them? She stayed with me rent and bill free since she has her own home elsewhere.

 

What if they say "these were gifts" or "this money was in exchange for care services rendered"? I took the statement at the time of discovery saying she took the money and would repay it back. She destroyed the evidence but I kept scanned copy.

 

In my opinion this is not the first [problem] she has done with vulnerable men as she was very thorough with the police making very plausible defences such as we are lovers and getting married, etc, in her statement to the police and some of which you allude to, but I think she has made some mistakes and been caught out as her statements contradict facts over time.

 

OK, so she blames someone else for the 6k+ going missing in 2014, and then a further 15k+ has gone?

What if she says "6k wasn't me. He can't have had proof who it was or else he'd have reported me to the police."

Follow that with "with 6k+ having gone missing, there is no way he would have left 15k lying around to just go missing again: this was an agreed loan, with him knowing I was taking the money, as a loan"

 

First 6k : no proof it was her

Next 15k: no proof it wasn't a loan.

 

I'd be wary of a private prosecution (costs!!) without you seeking independent legal advice. Sadly, if she has done this before, you also may find that she had ensured she doesn't have assets you can easily recover?

 

Annoying as it may seem there is little point in seeking to recover assets if she doesn't hold them ; you "can't get blood from a stone"

[caro]

How did you come to employ her?

 

 

Has she been CRB checked?

 

 

Is the £20k you gave her for bills part of the money that's missing?

[determindator]

 

Annoying as it may seem there is little point in seeking to recover assets if she doesn't hold them ; you "can't get blood from a stone"

 

 

Thought I read she owns property?

[determindator]

Yes - in north west and properties in Dubai, Holland and Philippines

 

Ah here's details of properties

[BazzaS]

Thought I read she owns property?

 

 

The OP states that he thinks she has done this before.

If she is skilled in this the assets held in the UK may have little or no equity, or be held by others.

The OP needs to be sure she has recoverable assets or may end up with a Pyrrhic victory.

[Bigwilliam]

How - freeze their assets? What are secure steps to do this?

[BazzaS]

How - freeze their assets? What are secure steps to do this?

 

Too little context to reply fully.

First step is identify potential assets and ensure

a) they are held in her name

b) no charges / mortgages that decrease the equity.

 

Land Registry.

[citizenB]

I trust you are no longer hiding money in boxes in the cupboard ??