NSW Fraud - Wrong Bank Account Details Intentionally Given

[julie melrose]

Hi, my Partner’s company was placed into voluntary liquidation in 2011. Through a solicitors office in Parramatta. I entered into a deed of loan for $65,000 in 2011 to pay for the liquidation, and then another $33,000 a year later. I was paying this loan off at $3155.46 every month up until 2013, until the person who had set up the loan and put us in contact with the liquidator in the first place, sent me a letter via email stating that his company was now garnisheeing the loan and I had to pay him directly instead. I then started paying into the new account.

Nearly a year later I received a phone call from a third party (a friend of the lender and also the person that did the liquidation) yelling at me for his money and the certificate of title on the property that they had placed a caveat on. I have recently been to court to try and fight for what I believed was right and ended up settling the matter at a great expense to myself. A very unsatisfactory result.

My question now: is the person that issued me the Garnishee letter has walked away with over $35,000 I had wrongly paid into his bank account. Is this Fraud and can I go to the Police and report this matter or the Law association at how badly my case was handled?

I now not only owe $100,000 to the lender but they are now saying my bill for their legal fees are $120,000 and that doesn't include my solicitor and Barrister fees.

I feel this has been a great injustice and would like to know my options. Thank you.

 

[Sarah J]

Hi Julie,

This may be a fraud matter. The person who presented you with the garnishee letter, did they present you with a court order? If so, was this faked?

In relation to the court matter, yes, if you lose you generally have to pay the damages plus costs (including lawyer fees). However, you can ask for the matter to be taxed, which means the court (taxing officer) does through each item that is being claimed and determine whether the amount is reasonable and what the amount should be, if not reasonable. Note, however, there is a fee for this process as well. Ask for an itemised copy of the bill. Unfortunately, if the court has decided you should not have paid to the third party (who sent you the garnisheeing letter), but the lender directly, then they are within their rights to demand the missing payment plus costs for going to court.

Why are you considering going to the Law Association? Were you advised by your lawyer to pay the third party in accordance with the garnisheeing letter? Therefore, was this all caused by incorrect advice and negligence on your lawyer's part?