penalty for fraud by false representation

[mccallum34]

i was this morning charged under the fraud act of 2006 for fraud by false representation ,first offence, total amount is £23,000. this for selling a car whilst it was on finance, i am to appear in the magristares court at end of month, what are the likely penalties

[JoeyJoeC]

Poor person who bought that car. Did they get any money back?

[mccallum34]

under caution i offered to pay back all money to all parties

[BRIGADIER2JCS]

under caution i offered to pay back all money to all parties

Is this the same" machinery" sold that is the subject of your thread arrest for fraud?

 

 

The magistrate may well refuse jurisdiction and send the case to crown court, given the amount concerned,

You need to get a solicitor asap.

I see you have a thread on Benefit Fraud as well.

This is not in my opinion a subject for an open forum.

 

 

Maximum Penalty 10 years.

[Bandit127]

Looks like a single victim, not premeditated starts at 36 weeks of contemplation at Her Majesty's Pleasure.

 

However, please feel free to read yourself and differ from my reading of it. I think you will only go up from that.

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/fraud_by_false_representation/

 

Brig is right. You need a solicitor.

[bigshoes...bigsocks]

I've thoroughly enjoyed mccallum's stories on various threads; machinery, cars, finance, benefit fraud, £20k, £23k. Enthralling. You couldn't make this stuff up.

 

 

Oh wait...

[huggy41]

i totally agree bigshoes i wonder if he works for the gutter press

[ericsbrother]

we are all taking part in a correspondence course in A level law.

next question please.

[SabreSheep]

I am disapointed that so many have tried in good faith to help OP when OP has not been truthful with us.

Time to spend our time and energy on others I think

[citizenB]

responding to Reported post.. dealing.

[mccallum34]

I've thoroughly enjoyed mccallum's stories on various threads; machinery, cars, finance, benefit fraud, £20k, £23k. Enthralling. You couldn't make this stuff up.

 

 

Oh wait...

Confused not sure what you are suggesting

[mccallum34]

are you suggesting i have not been truthful with you, perhaps you had better explain

 

is that a problem, i thought you were here to help !!!!!!!!!

Edited September 3, 2014 by citizenB

[BRIGADIER2JCS]

is that a problem, i thought you were here to help !!!!!!!!!

Ignore those who " gloat " Citizen B is dealing

[citizenB]

mcallum, you have 3 threads, all to deal with fraud of one kind or another - if you want some advice, then please be specific.

[mccallum34]

Two totally separate events.

 

No 1 relates to the sale of item of plant machinery in 2012 which was on finance with BNP paribus, in July this year I was arrested over alleged fraud regarding this matter, and last week I was charged with one count of fraud relating knowingly selling an item whilst it was on finance. What should I do, if I plead guilty what is likely to happen, no previous.

 

In the meantime, in between the initial arrest, the police searched my house took away loads of computers , it would seem as it is fraud they automatically pass info on to all other authorities, and the local council picked up on it as last year I claimed housing benefit. The council have got all my statements from all my banks and during the ten months I claimed £250 a month for housing I had credited to my accounts £7000, in total, working out over an eight hour day five days a week just over £3.00 a hour, they claim I should have informed them. What is going to happen there?

[Bandit127]

It is clear to me that some here think your posts are not credible. I must admit while I posted my earlier reply to your thread that this could well be a wind up, but I gave you the benefit of doubt and posted a straight reply.

 

Citizen B, a moderator on this board has also given you the benefit of doubt.

 

Personally I would reflect on the perceived lack of credibility my posts have if I were in your position.

 

The time I give to the people on here is my own. I give it freely and not without some effort - especially on some threads. If you are having a laugh ay my expense, have some respect and do it elsewhere.

 

If not, specific questions and a bit of humility will get you a better reception.

[rameses_qc]

I would think that for the first such offence, a fine or suspended custodial sentence may be in order, seeing as the poster has promised to refund the money. However, when it comes to the second conviction (for a similar offence) a custodial sentence is highly likely, with, of course the first suspended sentence added on. When it comes to a third similar offence, you would undoubtedly be looking at near to the maximum if not actually the maximum. All in all I would expect 10 years with the suspended sentences to run concurrently. This is because of the nature of the offences, the poster has indicated a disregard for others and a blatant dishonesty. In effect, he has stolen two valuable items (a car and "machinery") Not to mention Public benefit money, which councils can ill-afford in this time of austerity. The promise of repayment will probably be seen as an attempt to curry favour and an attempt to gain leniency. I would venture that the whole thing would be heard in the Crown Court because of the likely sentence. He needs more than a good solicitor/barrister to keep him out of prison for a few years