Irresponsible lending

satsuma888

I lied on my payday application when I said I was employed when I was unemployed, I covered this in my other thread.

Even though I lied the lender agreed to waive the remaining balance and remove any negative entries on my credit file.

Point being lying on payday application forms about employment does not automatically mean you will be guilty of fraud or have a marker put on your credit file, It entirely depends on the circumstances of the individual applicant.

[Deleted User]

That's true.

But remember your credit files aren't where you would see any markers applied.

MinuteNoodles

satsuma888 said:

Point being lying on payday application forms about employment does not automatically mean you will be guilty of fraud

No it absolutely does mean you're guilty of fraud. You've made a false declaration and signed the forms to say that the facts you have stated are true in order to gain a financial advantage. That is the very definition of fraud. The fact the lender has chosen not to involve the police does not mean you've not committed the offence.

satsuma888

MinuteNoodles said:

satsuma888 said:

Point being lying on payday application forms about employment does not automatically mean you will be guilty of fraud

No it absolutely does mean you're guilty of fraud. You've made a false declaration and signed the forms to say that the facts you have stated are true in order to gain a financial advantage. That is the very definition of fraud. The fact the lender has chosen not to involve the police does not mean you've not committed the offence.

That is just semantics.

Being guilty of fraud means there would be real life consequences.

You cannot be guilty of fraud just because someone on the internet has said you are.

normanna

You made a fraudulent application - that is not semantics.  There's no ifs or buts on that.

satsuma888

normanna said:

You made a fraudulent application - that is not semantics.  There's no ifs or buts on that.

Whether I made a fraudulent applicant or not is not for you to decide, it’s for  the company and a court of law to make judgment.

By the letter of the law I am not guilty of anything.

Thats a fact. 

Fighter1986

satsuma888 said:

I lied on my payday application when I said I was employed when I was unemployed, I covered this in my other thread.

Even though I lied the lender agreed to waive the remaining balance and remove any negative entries on my credit file.

Point being lying on payday application forms about employment does not automatically mean you will be guilty of fraud or have a marker put on your credit file, It entirely depends on the circumstances of the individual applicant.

They would be entirely entitled to register a CIFAS Cat 4 marker against you as well, which they may have done. These don't appear on your credit file.

Committing fraud and "getting away with it" by no way greenlights fraud without consequence. 

Your payday lender was, and still is, entitled to register a CIFAS Cat 4 marker against you, even if they agreed they lend irresponsibly. 

normanna

satsuma888 said:

normanna said:

You made a fraudulent application - that is not semantics.  There's no ifs or buts on that.

Whether I made a fraudulent applicant or not is not for you to decide, it’s for  the company and a court of law to make judgment.

By the letter of the law I am not guilty of anything.

Thats a fact. 

You lied on your application - fact.  You said so yourself so it is a fraudulent application.  You can't just say you're not guilty because it was not pursued - you admitted it!

Thrugelmir

satsuma888 said:

normanna said:

You made a fraudulent application - that is not semantics.  There's no ifs or buts on that.

Whether I made a fraudulent applicant or not is not for you to decide, it’s for  the company and a court of law to make judgment.

By the letter of the law I am not guilty of anything.

Thats a fact. 

Data gets stored here. Everyone takes fraud extremely seriously by sharing information. 
https://www.nhunter.co.uk/

MinuteNoodles

satsuma888 said:That is just semantics.

Being guilty of fraud means there would be real life consequences.

You cannot be guilty of fraud just because someone on the internet has said you are.

https://www.cps.gov.uk/legal-guidance/fraud-act-2006

Fraud by false representation (Section 2)

The defendant: 

• made a false representation 
• dishonestly 
• knowing that the representation was or might be untrue or misleading 
• with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely focused on the conduct of the defendant.

It isn't just semantics, the City of London Police don't see it as semantics. They prosecute people who have lied on mortgage and loan applications if they're reported by the lender.

So yes you committed a criminal offence, one punishable by up to 10 years in prison, that's the real life consequence.

By all means put in a claim for irresponsible lending stating you'd lied on your application form about your income and it's their fault for lending you the money based on their lies but don't be surprised if the end result of that is a man in a uniform knocking on your door and reading you your rights.