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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70290
Experience:  Over 5 years in practice.
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Mother severely disabled. red cleaner known to family

Customer Question

Mother severely disabled. Hired cleaner known to family member. Have learnt she has lent cleaner a lot of money. Some has been repaid. She has taken advantage of her. What can we do ?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Have you made a report to the police?

Customer: replied 1 year ago.
Was not sure if police or civil. The cleaner befriended her, gave her sob stories which I'm afraid my mum fell for. It only came to light as my mum was 15 weeks in hospital and I was looking after her bank account. I came across 2 transfers £900 and £450 and asked what these were for. My mum then also told me about the amount of cash she had given her. £1810 in total. The cleaner has made payments to the value of £750 back into bank account. If I'm to report to the police I want to make sure that I use the correct wording with them.
Expert:  Jo C. replied 1 year ago.

Thank you. You need to get to the bottom of the transfers. If it is just that your mother agreed to it then tat is not a theft. It might be entirely morally wrong to borrow money in these circumstances but it is not a theft. That would be consistent with the repayments. If she didn't ask permission first then there is an argument that is theft although she could argue she intended to repay but that might not save her.

Expert:  Jo C. replied 1 year ago.

If it is not theft but she still owes something then your mother could sue and will win on these facts.

Expert:  Jo C. replied 1 year ago.

If it is just a loan then it might amount to fraud. It depends on what was agreed. If she can show she was going to repay then most criminal charges tend to fail. If it is being argued they were gifts then that gets harder for her.

Can I clarify anything for you? Jo

Customer: replied 1 year ago.
It was deemed a loan. But the cleaner is claiming that she has repaid it which is not the case as it shows on the bank statements how much she has repaid.
Expert:  Jo C. replied 1 year ago.

Then that is just civil. But if she hasn't repaid then she can be sued and your mother would win.