3rd party

magpiecottage

andys15 wrote: »

I am not defrauding.

Section 3 of the Fraud Act 2006 says,

"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."

If the OP's your contract puts him under an obligation to disclose any offer to the ambulance chaser, he will breach this by not doing so.

Section 1 of the same Act says

"(3)A person who is guilty of fraud is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both)."

andys15 wrote: »

Yes but how they going to find out.

That is of course for the ambulance chaser to know. If the OP finds out the hard way, I hope they like prison food.

Insider101

andys15 wrote: »

Yes but how they going to find out. My bank won't talk to them, and I won't tell them.

I am not totally sure of this but if they suspect you've had a payout and they are entitled to a share of it, they may be able to issue court proceedings and force disclosure.

I can't say I am too bothered about the moral ethics of it all when it comes to CMCs who blatantly have none themselves. However, depending on how much is at stake may be worth getting legal advice. I certainly wouldn't assume that it is as easy as just revoking their authority and walking away laughing.

Nasqueron

andys15 wrote: »

Yes but how they going to find out. My bank won't talk to them, and I won't tell them.

CMC rings up and asks or accidentally gets a copy of the form from the bank etc. It does seem odd that you employed a CMC, presumably gave them a signed document saying they could speak to the bank on your behalf, the bank told them to get lost and they didn't them come back to you, given they know about the loan and the PPI