Fraud

[pineway]

Hi If you have been the target of fraud from another company and legal action was taken.

Would this be done in a County Court/ Magistrates Court or High Court?

for charges of fraud?

 

[VickyShaw]

I am not a lawyer but I think fraud is a criminal offence. County Courts and the High Court deal with civil matters and therefore the Magistrates court would be the one.

Someone please correct me if I am wrong.

 

[pineway]

not sure if Magistrates courts can deal with issues when a defendant is a company

might be wrong

 

[PhilDPho]

I served Jury Service last year, and one of the cases was fraud. A guy fraudulantly re-mortgaged his parents house.

However, that case was dealt with in Crown Court.

 

[Sparky331]

If I'm not mistaken anything under company law would normally be undertaken in the County Court as it is a civil matter. Intent to defraud is very difficult to prove against a limited company as I am finding out at present. You need very strong legal advice.

If the company is limited then fraudulent trading and other matters relating to fraud are covered under the Companies Act. Also the Insolvency Service may become involved under whom the Company Investigations Branch work. An investigation may be carried out if you can persuade the Insolvency Service that there has been a definate case of fraud. You will only have to prove it (very difficult to do) if you took the company to court in an attempt to 'lift the corporate veil' and claim any losses from the director's personal assets.

Hope this helps.

Bob

 

[centralenforce]

Sparky331 your right it is companies act law and will be dealt with in the county court. Your also right to say companies house investigation dept will investigate the issues/matter. I dealt with a case for a client, the owner of the company kept running thousands of pounds in debt then changed his company name. It took me over a year to gain the evidence and items I needed to win the case. Each case is dealt with on its own merits however. They can bring criminal charges as well.

hope this helps

simon

 

[i.m.]

Action would be taken in the County Court or High Court by you if you wanted to get your money back. Action would be taken in the Magistrates' Court/Crown Court by the CPS if there was evidence that a crime was committed - that may or may lead to money back via a compensation order at the end.

Best

BR

 

[Cred-X]

Pineway,

As soon as you mentioned the word 'Fraud' it fell in to the domain of the barristers and lawyers. Your post is so vague that other posters are having to guess too much.
Can you provide a bit more detail to your post please

 

[Astaroth]

As has been said, there are two courses of action possible, either criminal charges for the offense that has been committed that are dealt with in the criminal courts or a civil case to get your monies back.

Civil courts are easier on the basis they work on the principle of balance of probability where as criminal courts are beyond reasonable doubt.