Landlords Revenge – Prosecuting Rogues
If you are angry about being ‘ripped off’ and being left out of pocket then you probably don’t relish the thought of spending money on solicitors or grovelling to disinterested authorities either!
There is another option though, which has been in existence longer than the police and the CPS, and which can be cost neutral regardless of whether you win or lose your case. Best of all, as well as the prospect of recovering what’s owed to you, you may also get the satisfaction of knowing that the person who ripped you off could serve a sentence behind bars, because a prison sentence could also be applied as a result of your actions.
Don’t get mad, get even!
LINK to http://privateprosecutions.org/
Do not be fobbed off by the authorities!
I got fed up of hearing stories about letting agents going out of business having plundered their client accounts and leaving both landlords and tenants out of pocket.
The police regularly tell victims that scenarios of this nature are “civil matters” and to seek advice from a solicitor. If you think about it, is it really that surprising that the police try to fob off financial crimes, which they don’t really understand, when they haven’t even got enough resources to prosecute known paedophiles who download illegal images of children or run child prostitution rackets?
Most financial crimes lead to nothing because solicitors charge a fortune, and that’s not particularly helpful to people who are already suffering financially! I rarely hear stories of money being recovered via civil litigation in these circumstances anyway, probably because the businesses owing the money tend to go into liquidation leaving the unscrupulous owners of those businesses to enjoy the protection of limited liability.
However, my frustration turned to inspiration in 2010 when I learned of the crime “Fraud By Abuse of Position”, a new law created in 2007.
Also, did you know that if a judge considers a private criminal prosecution to be justifiable that Counsels fees and investigation costs (i.e. the barristers fees and disbursements) are paid for by the state, regardless of whether the accused is found to be innocent or guilty at a trial by Jury? To protect both his client and his own reputation the barrister must, of course, be confident that there is a case to be answered. There is no requirement for Police or CPS involvement in a Private Prosecution. In fact, Private Prosecutions are as old as law itself and pre-date both the CPS and the Police.
I bided my time until I came across somebody I knew well who had a good enough case to package up and refer to a criminal barrister. Within days of him issuing a summons the wayward letting agent paid the landlord back all the money he had taken, as well as costs including the legal fees of the barrister, on the understanding that charges would be dropped. This was agreed in the best interests of public funds.
The problem was that I couldn’t publicise this great news, because that was the basis upon which the deal that was made, but I knew I was onto something very useful, not just for landlords and tenants but for any business which has been a victim of financial crime.
Other example cases might include:-
- Rogue letting agents who have stolen clients money
- Builders taking money for materials but vanishing without trace before doing the job.
- Copyright theft on behalf of record producers.
- Assisting Insolvency Practitioners.
- Financial Services Network collapses, e.g. Directors misappropriating funds received from mortgage lenders and insurers leaving brokers out of pocket.
- Call Centres hacked and telephone lines diverted to premium rate numbers running up massive bills.
Important note: if you drop charges made after a barrister has been appointed to initiate a private prosecution, then Counsels fees and costs incurred to that point will become payable by you. Therefore, it is imperative that you consider this if you are offered a settlement deal.
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Member Since August 2013 - Comments: 80
11:23 AM, 29th October 2014, About 12 years ago
Reply to the comment left by “philip allen” at “28/10/2014 – 14:56“:
I speak to many landlords who do not have the confidence to pursue those that owe them money, or believe that pursuit would cost them so much in money, time and stress, that it is not worth it. This sounds an excellent resource for landlords.
Member Since October 2013 - Comments: 248
1:12 PM, 29th October 2014, About 12 years ago
Thanks for the replies to my queries.
Thinking about what would be the factors that would decide between taking a civil action, as opposed to this criminal action route.
Civil Action, as I understand it, is based on balance of probabilities, whereas criminal action has to be proved conclusively?
Member Since January 2011 - Comments: 12221 - Articles: 1430
4:19 PM, 29th October 2014, About 12 years ago
Reply to the comment left by “John Frith” at “29/10/2014 – 13:12“:
Beyond reasonable doubt is the correct phrase.
Also, civil litigation relies on the decision of a judge but criminal relies on a Jury.
The prospect of a criminal record is far more compelling reason to pay up. Also the costs of the case are not at the risk of the losing side in a criminal case whereas they are in civil litigation.
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Member Since July 2013 - Comments: 154
4:35 PM, 29th October 2014, About 12 years ago
Good point regarding costs, Mark. For my part I even added a figure to cover my court visits (which, incidentally, were from choice as my barrister advised that I didn’t need to be there) and also included my time sending emails and making phone calls. None of that would have been possible in a civil case.
Member Since October 2014 - Comments: 28
2:24 PM, 30th October 2014, About 12 years ago
Any member of the public can lay an information in relation to any offence unless it one that requires the permission of the Attorney General or DPP to prosecute. No standard form need be used but it must be in writing and must:
Describe the offence in plain language
Identify the legislation that creates the offence
Contain the the particulars of the conduct constituting the offence so that it is clear as to what the prosecutor is alleging against the defendant.
Put simply, you can write to the Clerk of the Magistrates Court making the allegation. The magistrates can then issue a warrant or summons. Simple as that.
Done it myself.
Member Since January 2011 - Comments: 12221 - Articles: 1430
2:29 PM, 30th October 2014, About 12 years ago
Reply to the comment left by “Eviction Group” at “30/10/2014 – 14:24“:
Sorry, I’m not sure I understand the point you are trying to make or how it relates to this thread.
Yes we can all just call the police to if we think a crime has been committed but that’s not the point under discussion here either.
The point is that help is available without it costing a fortune and without having to be a specialist in law and without having to deal with the authorities who may or may not have an appetite or the necessary resource to deal with the matter.
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Member Since October 2014 - Comments: 28
4:31 PM, 30th October 2014, About 12 years ago
Not trying to make any point only stating that the facility is there if you know what you are doing and are willing to take it on. I was lucky enough to have the knowledge and time do that.
IMO, DIY and self help are all well and good if you need to fix a leaking tap or hang a roll of wallpaper. When it comes to what may be a protracted legal process you should most certainly use the services of a professional.
The service you describe would be one that would seem to fit the bill.
Member Since November 2013 - Comments: 252 - Articles: 10
9:33 AM, 1st November 2014, About 12 years ago
Re Philip Allen.
Mr Allen is a client of Cotswold Barristers, he found us via p118.
Member Since January 2011 - Comments: 12221 - Articles: 1430
12:16 PM, 1st November 2014, About 12 years ago
Reply to the comment left by “Mark Smith (Barrister-At-Law)” at “01/11/2014 – 09:33“:
Property118 received no financial benefit for that particular introduction from any source.
However, Philip Allen has gone on to do business with other unrelated businesses recommended by Property118 and we will receive commission from those businesses in due course.
Please note that it is illegal for criminal law to be practised on a no win no fee basis.
This exchange of comments in open forum is necessary to establish that all parties are compliant with legislation and the Codes of Practice of their professional bodies.
Cotswold Barristers Limited has no commercial relationship with Property118.
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Member Since July 2013 - Comments: 154
12:36 PM, 1st November 2014, About 12 years ago
I can confirm that my case was dealt with by Cotswold Barristers, who were referred to me by Property 118. If my comment suggested otherwise I’m sorry to have caused any confusion. The private prosecution worked perfectly for my situation and I would most definitely use the process again given similar circumstances.