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Topic Other Boards / Foo / Help needed .....where do i stand within the law
- By freespirit10 Date 23.12.06 22:39 UTC
Hi

I can't go into this too much as I don't want to end up in trouble. Also if anyone thinks this probably shouldn't be written pls let me know.
If a deed of trust is in place re money from property and a solicitor hands out the money as per the deed of trust..............in this case 2 people would have the money half each and they would then give the other 2 people their share resulting in everyone having a quarter of the money!!!
(Sorry not easy when you can't give too much away). The solicitor who handed her the money knew there had been a dispute between 3 of us and her for nearly 3 yrs!!!
Now the person who was to give me my share has not done so and apparently it is not a criminal offence to do this as she was given the money by a solicitor and so she has not stolen it. All she has done apparently is not honor the deed of trust!!! and I cannot do anything legally about it except start a civil proceeding which could apparently take up to 5 yrs!!!
I am now very out of pocket. She has changed her telephone numbers and her address is not available. I do have a work contact number but she now takes no calls as she knows I have it, have spoken to her boss and he just says it is not work related. Also in law apparently if I go to her work I can be arrested and if I call her all the time at work she can get an harrassment order.
Does anyone understand the law cos I am at a loss that she can do this.

Anyone got any ideas.
Pls if you think this mail is risky let me know as she is in the dog world!!!
- By Lindsay Date 23.12.06 22:43 UTC
Can you speak to someone initially at Citizen's Advice? they may be able to advise or pass you on to someone who can, I'm afraid I haven't a clue. Good luck with it, though.

Lindsay
x
- By JaneG [gb] Date 23.12.06 22:48 UTC
Hopefully someone can offer some sound legal advice soon. It seems to me that if 4 people were supposed to share the money the solicitor would give the money to all 4 people? I certainly agree that you can't call this person all the time or visit their work as that is harassment. Are you listed on the deed of trust as a beneficiary?
- By freespirit10 Date 23.12.06 22:52 UTC
Yes I am. The 2 who were given the money held the mortgage.
Have spoken to another solicitor and he stated that if the solicitor knew there was a dispute he should never have handed her the money but gotten her to accept that my money would have been handed to the other mortgage holder so she would take 3 quarers and hand it out to us and the one we all don't get on with just got her money.
- By JaneG [gb] Date 23.12.06 23:05 UTC
OK...so lets try and get this straight for anyone wanting to help? Is this the scenario... A and B lived in a house that C and D(you) had put up the money for- via a deed of trust? The house was sold and the solicitor split the money between A and B, A then gave C their share but B didn't give you your share - is that it? If it is I don't understand how that could happen. I'll watch this thread with interest though, as I know someone who has a deed of trust arrangement with an ex bf as they couldn't afford a mortgage. They'd love to be able to sell the house and not pay back the money I'm sure :rolleyes::eek:
- By freespirit10 Date 23.12.06 23:15 UTC
Ok I will try it your way.................

A, B, C and D all put in equal shares and brought a house together for all to live in. But D never moved in (for reasons I def cannot go into on here). D was offered her money back at the time she said she was not moving in, but decided to be difficult and would not take it. D has been offered money over the last 2 yrs at one stage she was offered nearly twice as much as she put in to walk away.
As a result of all the hassle A, B and C with the knowledge of D sold the house. The mortgage was held by A and D and they got half money each. A gave B her share. D has run off with mine (C's). Or in law I should say has failed to give me mine!!!!!!!!!!!!!!!!!!!!!

I would never use a deed of trust again but apparently thousands are in place all over the UK, well I hope they never fall out with those involved cos I think our deed of trust forgot to mention what happens if parties fall out.
- By freespirit10 Date 01.01.07 12:21 UTC
hi

well not sure if it is the right thing to do or not but have decided to publish a true and accurate account of what has happened on my website, the accusations have always been towards our dogs and I have nothing to hide, have also added a bit of advice to her.

Thought I may as well let her know that 2007 is just about to start with a bang!!! She has ruined our lives for 3 years now it is time people knew the truth.

Have sent a copy of what I have written to the other parties involved on my side and to a couple of friends to see what they think and to find out whether any bits should be taken out but it will definately go on in some form.

I have a solicitor lined up, he is good and he will take her on and hit her hard. 

When I sat here last night I looked at my dogs and promised myself and them I will resolve this matter I need the money for our future. After the last 3 years I have nothing else to lose.
- By Lokis mum [gb] Date 01.01.07 12:52 UTC
As no-one on here has been able to give you advice, may I suggest that you say no more on the case here - or anywhere else on the web?

The reason I suggest this is that you could well land yourself in a lot of legal trouble, because laws of slander/libel still apply on the internet - and you could cause yourself no end of problems.   If, as you say, you now have a good solicitor - let him/her deal with it - personally, I would think that your complaint is against the original solicitor, but I'm not in a position to advise you legally.   Leave it to your solicitor - you will be paying him/her enough, as it is!

All good wishes for 2007.

Margot
Topic Other Boards / Foo / Help needed .....where do i stand within the law

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