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FSA regulated irresponsible lending & a ccj

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There are three main types of fraud , fraud with intent, fraud by neglect(i.e. they should know better) and fraud by omission,,,,, take your pic make my day.

    Well my interpretation.

    In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual.

    So you are struggling to make the mud stick.

    To lie is to deliver a false statement to another person which the speaking person knows is not the whole truth, intentionally.

    I would choose lie.
  • Thrugelmir wrote: »
    Well my interpretation.

    In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual.

    So you are struggling to make the mud stick.

    To lie is to deliver a false statement to another person which the speaking person knows is not the whole truth, intentionally.

    I would choose lie.
    Thats correct a matter becomes fraudulent when it has been seen or found to be false inaccurate and the party fails to correct the action or statement written or verbal.knowing that it will cause financial loss.



    Look its
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    knowing that it will cause financial loss.


    There's no financial loss.
  • Thrugelmir wrote: »
    There's no financial loss.

    That why one can claims Punitive Damages..... Thats where the ICO come in.
  • That why one can claims Punitive Damages..... Thats where the ICO come in.

    Punitive damages for what ???

    And no that is not where the ICO comes in...

    You was declined for a mortgage. A mortgage that the lender was under no obligation to provide to you and a mortgage you had no legal right to have.

    You was told that a credit check was done, when you say one wasn't... They might have turned you down for other reasons which they are allowed and have a right to do

    As for fraud... take a look at the Fraud Act 2006

    Fraud by false representation
    (1)A person is in breach of this section if he—
    (a)dishonestly makes a false representation, and
    (b)intends, by making the representation—
    (i)to make a gain for himself or another, or
    (ii)to cause loss to another or to expose another to a risk of loss.

    Fraud by failing to disclose information
    A person is in breach of this section if he—
    (a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
    (b)intends, by failing to disclose the information—
    (i)to make a gain for himself or another, or
    (ii)to cause loss to another or to expose another to a risk of loss.


    Fraud by abuse of position
    (1)A person is in breach of this section if he—
    (a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
    (b)dishonestly abuses that position, and
    (c)intends, by means of the abuse of that position—
    (i)to make a gain for himself or another, or
    (ii)to cause loss to another or to expose another to a risk of loss.

    As a result of your mortgage application being rejected, you have not made a financial loss and the lender/adviser has not made a gain as a result.

    You have no claim for punitive damages and the ICO will be of very little help in that respect..

    You have wasted 3 years of your life in making a complaint to the FOS which it was unable to investigate and now you may waste several more years making a complaint to the ICO which will be unable to give you the resolution that you seek.

    You are being completely and totally unrealisitc in terms of the damage that you say has been done and your expectations of a resolution.

    You will not get your mortgage written off, you will not be provided with another mortgage by this lender and apart from a token go away payment, you will not receive compensation of a significant amount.

    Please move on with your life, you applied for a mortgage and the lender said NO.... Accept it and move on ...
  • You do not have any understanding of the applicable rule, guidelines or legislation and are making wild accusations and baseless claims about things you no nothing about..

    People in this thread with knowledge have tried to explain the realities to you but you reject it with the hope of a monetary outcome...
  • Dave_Ham
    Dave_Ham Posts: 6,045 Forumite
    Tenth Anniversary Combo Breaker
    And I promised to leave it alone...

    BUT - what about the fact you admitted you lied on your income declaration in order to play the fast track option.

    Go looking for fraud claims and hopefully someone will find you..

    Bet all your mates will be signing up to your Facebook page - what an absolute joke of a situation.

    I am absolutely staying off this and any subsequent threads now...
    I am a Mortgage Broker
    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it.
    This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Wutang_2
    Wutang_2 Posts: 2,513 Forumite
    Angry_Cat wrote: »
    You do not have any understanding of the applicable rule, guidelines or legislation and are making wild accusations and baseless claims about things you no nothing about..

    People in this thread with knowledge have tried to explain the realities to you but you reject it with the hope of a monetary outcome...

    ...why rattle the cage (you've just added another 9 pages to this thread)??:beer:
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • _Andy_
    _Andy_ Posts: 11,150 Forumite
    Really don't get why all of you keep trying to reason with the OP. It's going nowhere, please just stop posting. This thread will never end.
  • I think that the poster might be a 'friend' of Conrad2 who was over on the Loans board (I think) a few weeks back.

    Same style of argument, copying and pasting legislation, etc.

    Apologies if you're not OP, and go visit Conrad2 - I'm sure he'll have lots of notes to exchange with you.
    As my Mum always said "Look after the pennies and the pounds will look after themselves"
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