Fake building surveyor

[itsgotbellson]

I employed a company to develope a property and to manage the project. The director of the company claimed he was a member of RICS and even put the relevant letters after his name on his communications. The whole project went completely pear shaped and I later discovered he was not a member of RICS. Is this grounds to sue the director?

[BankFodder]

Yes, I would have thought that it is - and maybe the comapny as well

[king12345]

Isn't that a case of "obtaining money by deception"?

I know the police would insist on the"civil matter" business, but surely this sounds like fraud to me and should be dealt with by the police.

[BazzaS]

Isn't that a case of "obtaining money by deception"?

I know the police would insist on the"civil matter" business, but surely this sounds like fraud to me and should be dealt with by the police.

 

Theft Act 1969 Section15A (obtaining a money transfer by deception);

Section 16 (obtaining a pecuniary advantage by deception);

Both repealed by The Fraud Act 2006, so the offence is no longer "deception" but "fraud by false representation"

http://www.cps.gov.uk/legal/d_to_g/fraud_act/

 

Did he himself make the untrue statement? Can he say "ohh, that was a mistake, and not by me; it is just I didn't notice it, so there was no dishonest intent" ?

 

Also, from that CPS page:

"The borderline between criminal and civil liability is likely to be an issue in alleged Fraud Act offences ...........

Prosecutors should bear in mind that the principle of caveat emptor applies and should consider whether civil proceedings or the regulatory regime that applies to advertising and other commercial activities might be more appropriate. Not every advertising puff should lead to a criminal conviction but it is also the case that fraudsters prey on the vulnerable.

 

Prosecutors should guard against the criminal law being used as a debt collection agency"

[itsgotbellson]

He said he was a qualified surveyor and put the relevant initials after his name on his letters and emails. After I realised the works were not going to plan, I challenged his qualification but he refused to respond specifically to that point.

[king12345]

He said he was a qualified surveyor and put the relevant initials after his name on his letters and emails. After I realised the works were not going to plan, I challenged his qualification but he refused to respond specifically to that point.

 

So it looks like Bazzas post fits the bill.

He deliberately added qualifications to his signature in order to gain business (and money) despite not being qualified.

It would be difficult for him to say that he was not aware of not having the qualifications advertised.

I would try explaining to him that what he's done could possibly amount to a criminal matter and see if he's prepared to remedy.

If not I would try my best to get the police involved, even though they usually play the 'civil matter' card.

I wonder how many engineers, technicians, doctors, priests and solicitors are really qualified if they can get away with it...

[itsgotbellson]

I have already spoken to the police who said that as it was a low level crime, I should consider taking civil action.