Fraud - Punishment?

[GlitteryWings]

Hello...

Im looking for some advice on what punishments are served for committing fraud of about £1500 online.

Thanks

[jackthehat]

Firstly, are you guilty?
Secondly, are you planning to plead guilty?

[GlitteryWings]

No i am not....

In short I am the victim and I know who it was. I am worried about the consequences for the person but it has also ruined my previously top notch credit rating.

Only way to resolve that is involve fraud.

Difficult position for me.

[jackthehat]

How important is your credit rating?
How important is your relationship with this person?
Has this person admitted the 'theft'?
Can/will this person reimburse you?

[GlitteryWings]

And, will it have to go as far as police involvement?

[GlitteryWings]

Yes admitted it & will pay....

Its an important person however I have a business/car/home etc. Its pretty important and the delinquent accounts stay on file for a very long time!

[Buenchico]

It's not easy to give a definite answer to your question.

The court first has to consider 'culpability', as defined on page 6 of my link below.

The next step is to establish an initial category rating for 'harm', based upon the amont involved. (For £1500 it's the very lowest category, 'Category 5'. See 'Harm A' on page 7).

Then it has to be decided whether a higher category should actally be applied to the case, based upon 'Harm B', also on page 7.

Then the table on page 8 is used.

Assuming that the offence is seen as only 'Category 5' (with no reason to move it to a higher category, based upon the 'Harm B' criteria) and that 'culpability' isn't seen as being at the very highest level, then a community order (involving unpaid work) might well be the evental outcome.

https://www.sentencingcouncil.org.uk/wp-content/uploads/Fraud-bribery-and-money-laundering-offences-Definitive-guideline2.pdf

[jackthehat]

Will taking this to court expunge the details from your Credit Report?
If not, the damage seems to have already been done. You may receive financial reparation but only you can decide whether or not this is sufficient.

[GlitteryWings]

Thank you I will read your link. Does it have to go as far as police or prosecution?

All i want is my credit record to be amended.

[Buenchico]

You're entitled to add an explanatory note to your credit report but it wouldn't look good if you admitted to being defrauded but you'd not reported the matter to the police.

[GlitteryWings]

Thank you

[EDDIE51]

Report it to the police so that you can truthfully say it has been reported and ask for a crime number. But don't expect them to do anything about it. They will just say it is a matter for the bank or the online company or your own fault.
I had £600 fraudulently taken from my bank account, the police were not interested and just told me to contact the bank. I did contact the bank and they refunded the missing cash. The fraud was committed from Cyprus and I was able to prove I was in the UK at the time and still had the bank card.

[kvalidir]

I'd report it to the police, don't say you know who did it, as EDDIE say you'll get a crime number and they'll likely just file it, then contact the account that is in arrears and / or default and clear it immediately after you have explained what has happened- occasionally they might amend their records but you can certainly have a notice of correction placed on your credit file. So horrible when you have opportunist idiots you care about, so sorry that has happened to you.