ChatterBank6 mins ago
Is any of this ''Criminal'' ? I need advice.
A friend of mine was the Stewardess at a social club, the job included accomadation in a flat attached to the club.
The club has shut down after struggling to pay the bills . She has not been paid wages for the last 3 months. the club electricity was cut off due to none payment of the bill , the flat was cut off as well so she had to leave and she lost over £2000 worth of food in her freezers. She offered to pay the portion of the bill due for the flat but was told it was not possible as it was on the same bill. She is now homeless. Furthermore she used over £5000 of her own money to buy stock to keep the club running, she has proof of this. The club sold off the stock she bought and not given her any of the cash back.
When she was forced to leave the flat she had a contract for the club to provide her with accomadation until March 2012 , they did not even give her notice to quit.
I think that most of this is under civil law , but the forced eviction and the sale of her stock may be criminal law (Theft ?)
This is important as she has no cash at all now and has asked me if she can get legal aid. I know legal aid is not available for civil cases but may be available for criminal cases.
Just thought of something more , the club also boarded up the door from her flat to the club , this meant she could not enter the club to recover her property that was in the club . All in all she is owed over £20,000, the club premisis is up for sale and expected to raise over £750,000. She is scared that the way the club have acted will mean she will never see her cash again.
There are NO accusations against her and no suggestion that she was in any way to blame for the club closing.
The club has shut down after struggling to pay the bills . She has not been paid wages for the last 3 months. the club electricity was cut off due to none payment of the bill , the flat was cut off as well so she had to leave and she lost over £2000 worth of food in her freezers. She offered to pay the portion of the bill due for the flat but was told it was not possible as it was on the same bill. She is now homeless. Furthermore she used over £5000 of her own money to buy stock to keep the club running, she has proof of this. The club sold off the stock she bought and not given her any of the cash back.
When she was forced to leave the flat she had a contract for the club to provide her with accomadation until March 2012 , they did not even give her notice to quit.
I think that most of this is under civil law , but the forced eviction and the sale of her stock may be criminal law (Theft ?)
This is important as she has no cash at all now and has asked me if she can get legal aid. I know legal aid is not available for civil cases but may be available for criminal cases.
Just thought of something more , the club also boarded up the door from her flat to the club , this meant she could not enter the club to recover her property that was in the club . All in all she is owed over £20,000, the club premisis is up for sale and expected to raise over £750,000. She is scared that the way the club have acted will mean she will never see her cash again.
There are NO accusations against her and no suggestion that she was in any way to blame for the club closing.
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For more on marking an answer as the "Best Answer", please visit our FAQ.This is a very complicated with many possible issues; I think exdc has the best first action to run it past the police to see if they are prepared to take any action.
Legal aid is available for some civil matters such as debt, family issues and housing your friend could contact the community legal aid helpline 0845 3454345, to see if she is eligible, civil legal aid is dependant on the legal merits of the case and the income or wealth of the applicant. The problem with legal aid is the pay is so poor many solicitors will not work at the rates they are prepared to pay. Talk to the helpline and establish if she is eligible and if so try to find a good solicitor who will work for legal aid rates of pay, they do exist.
Legal aid is available for some civil matters such as debt, family issues and housing your friend could contact the community legal aid helpline 0845 3454345, to see if she is eligible, civil legal aid is dependant on the legal merits of the case and the income or wealth of the applicant. The problem with legal aid is the pay is so poor many solicitors will not work at the rates they are prepared to pay. Talk to the helpline and establish if she is eligible and if so try to find a good solicitor who will work for legal aid rates of pay, they do exist.
If this is the UK, then there is a definition for Theft in Law, which states,
"A person is guilty of theft if they dishonestly appropriate property belonging to another, with the intention of permanently depriving
the other of it", so if you apply this defintion to the circumstances
you have outlined regarding the property :-
Once the owner of the club sells the stock/goods that your friend
can prove she bought, then the owner of the club has assumed
rights of ownership, the question here is, was the owner of the club
aware that the property had been purchased by your friend,then at
that instant he/she has dishonestly appropriated it, even though it does not belong to him/her, and then sells it, has permanently deprived your friend of the property.
With regard to the rest of the money owed, if the club has been put into receivership, then your friend should make a claim through the official receivers to claim back the rest of the money she states she is owed.
"A person is guilty of theft if they dishonestly appropriate property belonging to another, with the intention of permanently depriving
the other of it", so if you apply this defintion to the circumstances
you have outlined regarding the property :-
Once the owner of the club sells the stock/goods that your friend
can prove she bought, then the owner of the club has assumed
rights of ownership, the question here is, was the owner of the club
aware that the property had been purchased by your friend,then at
that instant he/she has dishonestly appropriated it, even though it does not belong to him/her, and then sells it, has permanently deprived your friend of the property.
With regard to the rest of the money owed, if the club has been put into receivership, then your friend should make a claim through the official receivers to claim back the rest of the money she states she is owed.
Yes the person who sold the stock was fully aware that it did not belong to the club. It was an 'under the counter,cash in hand job'
We already have 3 legally qualified people tell us it was theft. We have an appointment with a lawyer next week and we will be formally making a statement that the stock was stolen . The employment law and commercial law aspects will be the subject of formal complaints as well.
We already have 3 legally qualified people tell us it was theft. We have an appointment with a lawyer next week and we will be formally making a statement that the stock was stolen . The employment law and commercial law aspects will be the subject of formal complaints as well.