Fraud by misrepresentation charge...

[WorriedAndStupid]

Hi. I have heard good things about this forum and a friend of mine advised me to sign up to seek a bit of advice about my situation.

I may waffle on a bit in this post and some things may seem irrelevant

but its just because I'm trying to cover everything I have just been through in my police interview :/

 

At 8.30am I was knocked out of bed and promptly arrested/

I knew what it was all about and cooperated fully,

even offering up my online bank details as I don't keep paper statements.

 

Going back to January,

 

 

I was in a right mess. I had had money stolen from me, I was in rent arrears, I owed a loan shark 580 quid.

 

 

At this time and still to this day I am on disability benefits..so not a lot of income really.

This guy was at my door constantly,

I had borrowed £300 off him a few months back to feed my gambling addiction (stupid I know) and

he never threatened me in as many words,

but he is seriously intimidating and just kept saying if I didn't pay in a couple of days there would be serious consequences.

 

 

I had no way of accessing that kind of money quickly, so I decided to pretty much steal it from someone else to save my own skin.

I listed an item on ebay that I didnt own, and had someone pay for it by paypal

(as I know paypal refund things that dont arrive and I would just end up with a negative paypal balance that I could pay off whenever

..they would be unlikely to come knocking on my door for it)

 

 

so yeah, I got the money, paid the guy and that was going to be the end of it.

The buyer got a refund from paypal within 5 days

 

Then I noticed an item for sale near me on gumtree, for seriously cheap.

I was still having financial troubles at this stage so I planned to sell this item for more,

then buy it from the person on gumtree to send to the buyer..if that makes sense.

Kind of reselling but the wrong way round.

 

 

However, paypal started blocking funds,

long story short this guy ended up paying me by bank transfer,

however he didnt pay the full amount as he didnt have paypals protection.

.he was going to pay the rest on receipt of the item,

and I didnt have the extra 100 or so to put to it to actually buy the item.

 

 

What I should have done at this point was come clean and refund him,

but I instead..decided that he would find a way of getting refunded off the bank

 

I spent the money. Mostly on gambling. The more money I gambled, the more I HAD to gamble, so I did this to another 2 people..

 

 

.this time listing the items solely with the aim of getting someone to offer to pay by anything bar paypal.

The total fraud is around 2k.

 

 

Around 600 or so altogether was spent on clothing and bills, the rest gambled away.

I don't need people to tell me how stupid and dishonest I have been, I know this already.

 

 

I got a call about a month ago from nationwide telling me that one guy was getting his cash back and it would be removed from my account, which was fine.

It would leave my balance negative, but I have had unarranged overdrafts before and know banks tend to be ok about letting you pay small bits weekly/monthly.

I waited for the calls about the other 2 people but they never came.

 

today I got arrested on suspicion of fraud by false representation.

Was in a cell for a bit then got my interview

 

 

during which I gave all information I possibly could about the situation.

I even disclosed one 'victim' of mine that the police did not know about.

I have been bailed and have to go back in a month.

 

My question is this really.

.what charges can I expect to come from this?

 

 

I accept I have done wrong,

have offered to pay back and everything

but I know I will still get some form of sentencing :/

[Conniff]

Statutory Limitations & Maximum Penalty: 10 years imprisonment

 

 

It will be up to the court if he passes the maximum sentence.

 

 

The Council has identified four personal mitigating factors that are relevant to this type of offending:

 

 

1. Voluntary cessation of offending, especially where accompanied by a genuine expression of remorse.
   This may depend upon the time that has elapsed since the commission of the last offence and the reasons why an offender stopped offending. Where it was because of a heightened fear of discovery or the fact that the additional funds were no longer needed, a court may conclude that the degree of mitigation is negligible or that this factor should not be taken into account at all.
   
2. Complete and unprompted disclosure of the extent of the fraud. This amounts to ready co-operation with the authorities, which the Council has recognised as offender mitigation. The point at which the disclosure is made and the degree of assistance given to the authorities, should determine the amount of mitigation.
   
3. Voluntary restitution. The point at which an offender voluntarily returns property or money obtained through fraud will be important and, the earlier it is returned the greater the degree of mitigation the offender should receive.
   
4. Financial pressure. Whilst many are motivated by greed or a desire to live beyond legitimate means, others may be motivated by financial pressure. In principle, financial pressure is a factor that neither increases nor diminishes an offenders culpability in relation to any type of dishonesty offence, including fraud. However, where financial pressure is exceptional and not of the offender's own making, it may in very rare circumstances constitute offender mitigation.
   

[AndyOrch]

Thread moved to the correct forum.

 

Regards

 

Andy

[dx100uk]

if you play on the gamling addiction

and actively NOW go get, join, partake in rehab off your own back

then it will bode well for you infront of the judge.

[WorriedAndStupid]

They will see how bad my gambling addiction is when they see my bank statements.

 

 

.I have also self barred from all the local slots places here last month.

 

 

They gave me the number for gamcare.

 

 

Apparently I need to register with a DMP too to sort out my other debts.

 

 

I am on no end of painkillers and such, along with sertraline which the police seemed rather interested in.

 

 

Tbh the sertraline does tend to affect me weirdly but I never mentioned to the doc as it DOES help with the PND

and I am worried if they start messing around with different antidepressants it will knack me up more.

.last time they changed me to citalopram and it gave me mental mood swings.

 

I know this is coming across as me trying to excuse what I have done but its really not.

 

 

I dont blame the medications or anything like that, its all me.

 

 

Just trying to give a better background really on what I said today and the situation in general really

 

The 10 years thing scares the crap out of me too :o

[dx100uk]

not even murderers get 10yrs.

 

 

sorry but all above is IMHO irrelevant

 

 

you need to be proactive about dealing with your addiction.

 

 

don't worry about your other debts

they can be sorted later via say the national debtline

which is FREE.

 

 

get your addiction to be seen to be being addressed by some form of organisation

 

 

I cant express that more, it will help and probably almost null anything nasty from any judge.

[WorriedAndStupid]

not even murderers get 10yrs.

 

 

sorry but all above is IMHO irrelevant

 

 

you need to be proactive about dealing with your addiction.

 

 

don't worry about your other debts

they can be sorted later via say the national debtline

which is FREE.

 

 

get your addiction to be seen to be being addressed by some form of organisation

 

 

I cant express that more, it will help and probably almost null anything nasty from any judge.

 

The police told me I absolutely have to get on a dmp for the rest of my debts ASAP

or the if it goes to court (which this obviously will) the fact that I have other debts will look bad on me :S

 

I plan on getting proper help for my addiction.

will be ringing the gamcare numebr they gave me plus speaking to my doc to see if he can reccomend anything.

 

 

I have been addicted to gambling since I was 15,

I am now nearly 30. Its ridiculous.

 

 

I keep putting it off thinking I can just stop,

but this whole situation has made me realise I can't do it on my own

[spalding78]

My question is this really.

.what charges can I expect to come from this?

Why didn't the duty solicitor at the police station tell you?

[WorriedAndStupid]

I didn't see a solicitor

[spalding78]

I didn't see a solicitor

If you're arrested, always always always always always ask to see the duty solicitor. No exceptions. Whether you're bang to rights or it's obviously a mistake, whether you've never been in a police station before or if the custody sergeants know how many sugars you have in your tea, ALWAYS ASK TO SEE THE DUTY SOLICITOR.

 

It's free.

 

If you have a local firm who does criminal law go and see them as soon as possible, or find a lawyer here

http://solicitors.lawsociety.org.uk/

[dx100uk]

The police told me I absolutely have to get on a dmp for the rest of my debts ASAP

or the if it goes to court (which this obviously will) the fact that I have other debts will look bad on me :S

 

I plan on getting proper help for my addiction.

will be ringing the gamcare numebr they gave me plus speaking to my doc to see if he can reccomend anything.

 

 

I have been addicted to gambling since I was 15,

I am now nearly 30. Its ridiculous.

 

 

I keep putting it off thinking I can just stop,

but this whole situation has made me realise I can't do it on my own

 

 

be very careful how you interpret what the police actually said in relation to your debts.

 

 

a DMP is often run by unscrupulous firms that charge a fee to 'help' you.

 

 

give national debtline a ring

 

 

that's the way forward.

 

 

dx