Could I Be Prosecuted For Fraud

mystic_trev

You say the loans are unsecured, but one of your lies was

" I Said i owned my own house outright when i actually live
with my mother"

I'm surprised the lender didn't ask for more info?

The bad news is - Yes - You could be in big trouble

The good news - I doubt if you'll go to Prison for it, assuming it's your first offence.

I think we're likely to hear many thousands of stories like this in the near future.

Lara44

Hey up the creek you seem to think that soon you'll struggle to make repayments.

Why don't you post your soa here listing your monthly outgoings, all your debts and the interest rate etc. We can help you work out how to cut back, and it will help you to realise if you can afford to make repayments, or whther you'd be better going to cccs payplan etc?

kenshaz

Trying to correct the situation ,will only draw attention to the problem,keep the payments up ,the worst that will happen is they might put you on the credit referece agents as a misinformer,which would cause problems when you do come to buy your own house,you will not go to prison,ignore the doom mongers

libitina_2

You cannot categorically state that the op will not go to prison. That would be up to a judge, as usually happens when the law has been broken.

homersimpson_3

Trying to correct the situation ,will only draw attention to the problem,keep the payments up ,

the original poster has already stated they cannot make the payments much longer and this is the reason why they contacted the charity.

the worst that will happen is they might put you on the credit referece agents as a misinformer,which would cause problems when you do come to buy your own house,you will not go to prison,ignore the doom mongers

first it is legally and ethically wrong for the poster to involve charities in any form of deception- the charity will ask for a list of the poster's assets which they will use to negotiate with the bank- when the bank see the poster actually lives with mum and does not own a house- questions should and presumably will be raised. the poster will have to provide details of income and outgoings- it will become clear they do not earn the amount they have previously claimed and the bank will question why the poster does pay rent or has put down they pay house keeping etc to mum. the fraud was not just one but a series of acts - fraud is a very serious offence which can lead to a prison sentence. the banks could if they chose to refer matter to the police. the poster is unlikely ever to get any form of credit or perharps even a full bank account let alone a mortgage, why should the banks trust them? how do you know for definate they won't go to prison- no one can predict the future particularly when they're not making that decision.
even if you commited another act and said circumstances had changed this won't help either- you would have completed form saying you lived in house which you owned and presumably put down your mother's address. just be totally honest- claim whatever mitigating circumstances you can and point out you kept up repayments etc.

astonsmummy

someone i know remprtgaged their house fraudulently using their ex partners passport,
The police got involed then they werent going to look into it further until someone wrote to a top copper, (the file was taken off database) this was for £160k worth money by fraud and deception.
I'm not saying the op wont be punished but with companies like this as long as they get their money back they dont give a monkeys.

kathfisch

Hi upthecreek :hello:

I honestly have no knowledge of how serious this situation is from a legal point of view so I won't comment on that. I do, though, want to say welcome to dfw!! If you are struggling financially (or will be soon) it is very stressful, I'm sure. Perhaps you could put together a statement of affairs with all incomings and outgoings to get a clear view of the situation. This level of information will be needed by any charity that you go to for help anyway. We can have a look at the SOA and perhaps advise on some savings/cutbacks to be made.

Obviously some people feel quite strongly about fraud... understandably... but this board is known for not being judgemental - all that matters is sorting out the situation in the best (and most legal ) way possible.

Good luck!!

stiffnuts69

The situation is this, you proably have committed an offence of obtaining money by deception/obtaining a pecunary advantage by deception.

The reality is that everyone in the world has put some kind of untruth on their CV or an application form for credit (that makes most of us criminals).

Try not to worry

The loan companies rarely if ever try and get the police involved.
The police would rarely if ever get involved they have bigger fish to fry.
Proving the offence would be extremely difficult.
If the police then did become involved and actually at the evidence would it be in the public interest to charge you.
If they did charge you and you have not been convicted of an offence before charging standards would mean that you would be extremely unlike to get a custodial in fact I think the police (who are decent and understanding) may decide to opt for a caution.

Do not worry I will bet you my familys life that nothing will happen. You have to be careful what you say and at no point ever bring up the issues you have mentioned (only to the debt charity).

Go and see them.

You have recived some really good (and some really bad) advice already.

Dr.Shoe_2

I once went on a website that told me that if I was prosecuted for all the offences I commit on a daily basis I'd end up with 9 years in jail! Most of the laws are obscure ancient laws that have never been repealed like the one about eating mince pies on Christmas day (illegal apparently)!

Now here's my point: we all break the law from time to time and by and large we get away with it. Now here's the rub; although often we can get away with thngs by saying that we didn't know (though technically ignorance is no excuse) the OP was well aware of what he was doing. However, it is possible that he can plead desparation and give an undertaking that he won't do it again.

So here is the case for the prosecution:
1.The applications must be filled in with "utmost good faith" in that he'd be expected to offer information that could adversely affect his application.
2. He told downright lies by exaggerating his income and home ownership status.

Here is the defence:
1. The lending institutions have a moral, if not a legal, obligation to check the facts of the application(s).
2. The debtor has demonstrated a reliability in repaying his loans and honouring his obligations. However, he seems to have overstretched himself and so had unilaterally sought to rectify the situation by restructuring his debts.

never_again_2

I think you should call payplan or one of the other charity debt companies and ask for advice. I appreciate that people are trying to help you, but in reality no-one on this site is in a position to say if charges could be brought against you due to the falsitys on your credit applications. Get expert advice.