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Fraud by false rep - need guidance


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I've been recently charged with Fraud by false representation (1st offence), for returning a low value (under £50) clothing item to a store for a refund.

 

A week after this, I was arrested because the shop claimed the item wasn't their stock and tags were placed by mistake.

 

This was purchased from their online store if that matters.

 

Now I have a Magistrates' Court hearing and will be pleading not guilty.

 

I am scared for my life and how I will be able to argue my innocence but will demand a trial by jury, which will drag this process for much longer and make it very costly for myself.

 

Any thoughts and suggestions please?

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short. but you need to see a criminal solicitor. if not before, then the duty sol on the day at the mags. you might be entitled to full aka 'legal aid' depending on your circumstances.

 

welcome to cag btw :)

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Hi and welcome to CAG.

 

While criminal matters are not my game I believe you are entitled to representation. Phone around and find a solicitor who does legal aid. Many solicitors offer 30 minute free appointments to gauge whether you have a case or not.

 

As this is a small amount, it is highly unlikely that you will get transferred to crown court.

 

When you were arrested, did the plod not offer you a duty solicitor?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I have filed a legal aid application,

 

 

I will be entitled to some help in Crown court but will have to contribute to it.

 

 

Probably no help in Magistrates.

 

 

Not sure if anyone will be with me when I enter my plea, don't think it is necessary. No idea what else to do.

 

Yes, I had someone with me at the station.

 

 

They will continue to represent me.

 

 

I will ask for it to be transferred so I get a fairer trial.

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as a TOTAL side issue

 

 

when RLP come a knocking TOTALLY IGNORE THEM.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've been recently charged with Fraud by false representation (1st offence)

for returning a low value (under £50) clothing item to a store for a refund.

 

 

A week after this, I was arrested because the shop claimed the item wasn't their stock and tags were placed by mistake.

 

 

This was purchased online if that matters.

 

 

Now I have a Magistrates' Court hearing and will be pleading not guilty.

 

 

I am scared for my life and

 

 

how I will be able to argue my innocence

 

 

but will demand a trial by jury

 

 

Which will drag this process for much longer

 

 

and make it very costly for myself.

 

 

Any thoughts and

 

 

suggestions please?

 

Where was it purchased from online?

 

Was it the same company as the retailer?

 

If purchased online surly you should have a receipt for the internet transaction and a bank statement to correspond to the transaction.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Just for clarity

 

You say you brought the item online.

 

But returned it to one of the company's branchs.

 

Now you say you returned it to the same shop you brought it from.

 

Please clarify the situation

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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They asked 'was it the same company as the retailer' yes, it was! Bought online, returned to the store that corresponds to it!

 

Ok so you do have a copy of the online reciept?

 

What are they exactly accusing u of?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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This is not a payment issue. It was an online purchase with a valid receipt paid on the same card that it was refunded to.

 

They discovered later that it wasn't their stock and notified the police.

 

 

Struggling to see the issue here.

 

I have constructed a fictious scenario from the information provided.

 

you purchased online 1 x thinggy from retailStores LTD

 

You needed for whatever reason a refund. So you went to a local branch of RetailStores LTD who processed a refund of 1 x Thinggy

 

Its the same company but has a different range to the internet site.

 

the proof of payment shows the product came from the same business.

 

So where is the fraud they are accusing you off. Some information is missing here

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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They say the tags were placed on an item that wasn't theirs.

 

You say it was theirs?

Purchased online?

 

Save a copy of the webpage showing it.

Order another online. Video yourself unpacking it.

 

Produce the 2nd one in court.

Ask that they produce the one you returned in court.

 

If you returned (to the store) the one you got online, it should match the second one you purchase online, scuppering their claims you substituted a different item.

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I wanted some advice about court proceedings because I am very worried......

 

 

the crim procedure rules outlines

eg

http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu

part 9 re 'allocation and sending for trial' http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-09.pdf

http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part5

 

but, you really shld see your sol, or the duty sol at the mags on the day. simply requesting a jury trial re either way offence is not really applicable anymore. as you'll see, if under 5k, and within sentencing range, then usually 'must' be the mags

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the crim procedure rules outlines

eg

http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu

part 9 re 'allocation and sending for trial' http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-09.pdf

http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part5

 

but, you really shld see your sol, or the duty sol at the mags on the day. simply requesting a jury trial is not really applicable anymore. as you'll see, if under 5k and within sentencing range, then 'must' be the mags

 

 

Everyone has got the right of a trial by jury. My sol tells me that it can easily transferred after 1-2 hearings at Mags. I believe I will get a fairer trial there. I am in such a mess I don't see if it's worth it fighting or even living.

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Everyone has got the right of a trial by jury. My sol tells me that it can easily transferred after 1-2 hearings at Mags. I believe I will get a fairer trial there. I am in such a mess I don't see if it's worth it fighting or even living.

 

 

not everyone necessarily, depends on the circumstances. i dont know your full circs, your sol does. hence why i reiterate seeing your sol or the duty sol on the day. then your sol can rep you at the mags and try get you into the crown court.

 

ps, i posted the 'rules' you asked for. have a read, prob will take more than 10 mins though if not seen before.

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OK so did you transfer the tags form the one ordered online onto something else?

 

As for your health, I suggest you see your doctor and make sure they are aware of how you are feeling.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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