fraud by false representation

[footiemaddad]

My mistress gave me the use of her credit card as I was intending to leave my partner and move in with her. Now SHE has ended our relationship, told my partner, and has now had me arrested for stealing her credit card! When she finished with me two weeks ago I said that I would pay her for my part of the outstanding sum. But the police have charged me, and I am bailed til next month. Can this happen? The credit card was paid off two months running, whilst I had the card at the beginning of the year, but she has told the police it was all without her knowledge, that she is suffering from depression, and that I have scammed her. I might be a b*****d for cheating on my Mrs, but no way am I a con man which the police are saying. What is likely to happen when I go back to the police station next month? I didn't ask for a solicitor because it seemed so ludicrous, but I'm thinking now that I might need one pronto. Also, I was just about to apply for a job as a Polic eCommunity Support Officer . Will this mean that I can't do this now?

[paraffin]

Hi,

On one hand you say "the police have charged me", then further on you refer to "going back to the police station next month."

Something is not right:

Either: 1) You have been charged with an offence and have been Bailed to appear at Court

OR: 2) You were arrested, interviewed, NOT CHARGED, and released on Bail pending further Police enquiries, hence the reason you are to return the the nick.

Which is it? It can't be both.

[footiemaddad]

Sorry - it's all a bit surreal. I thought they had charged me, but I've checked my bail sheet and I've definitely got to report back to the police station next month.

[bednobs]

if you had a card in your name off of her account then how can she say this?
if not, how did you use her credit card??

[paraffin]

Hi again, footie:

Okay, in that case all I can suggest you do is to wait until you answer your Bail at the nick next month and see what happens. I realise how that can obviously play on a person's mind, by just having to wait.

However, in the meantime, if you can afford it and feel the need, seek legal advice from a Solicitor prior to that.

Or you can obtain free advice from your local Citizens Advice Bureau.

Hope this helps.

[paraffin]

Sorry, I forgot to say: I imagine you are on Bail with conditions NOT to contact the mistress? If that's a "yes", make sure you DO NOT contact her, she'll only use it against you.

[footiemaddad]

Hi Paraffin,

Thanks for your advice. I know I've been a total idiot. I think I will get some legal advice or I might go crazy worrying. There was no mention of not contacting her - I have absolutely no intention of contacting her in any way, but I've had to ask HER not to contact me. She has been constantly texting and calling me, my Mrs and even her friends, threatening all sorts of violence towards my family and my possessions. If it had been me who ended things, I would have been prepared for the whole woman scorned routine, but this has knocked me for six. Thanks again for your advice.

[footiemaddad]

I have thought about it, Wizard, but I don't want to antagonise the situation any further. I've already had her estranged husband on the doorstep shouting the odds at my wife and kids when I was at work. Definitely a lesson learned about the merits of fidelity!

[Skyline D]

bednobs has already asked the most relevant question and been ignored.

You either have a card (on her account) in your name or you don't. Which is it? If you do then it must be the case that you had her permission or the company wouldn't have issued the card. If you don't, and I presume you don't, then it IS fraud whether she gave her permission or not. It isn't legal to use someone else's credit card. Though this may be a slightly different offence to the one under investigation.

[middkazsam]

Hi, stop worrying!!!! First of all you know you have been a prat for cheating but hey ho your not the first and you wont be the last. If the police know the full story the cps probably wont even persue the case any further. The chances are you will go back to the police station and they will tell you they have closed the case. it sounds to me like she is the con merchant. You say she is depressed and from what you have said she actually sounds very clever. probably a case of a split personality disorder. However do get some real advice from a solicitor as if it did go any further you will need the help. If you get cleared then it shouldnt affect your chances of becoming a community support officer, just be honest on your application. remeber to record and keep every message she or her ex sends you or your family and keep a diary of any threats. Good luck and dont play away again.

[ryernnn]

No, in my opinion you will not be found guilty of S2 Fraud Act 2006. The first mental element of the offence is "dishonestly". This is made up from a 2 part test : 1) whether a reasonable man would deem the act dishonest and 2) whether the defendent knew he was being dishonest by those standards. Even if your jury say YES to the first question (as in they wouldn't do it personally) you case will fall on the second part as you did not think you were being dishonest. You can't be guilty of S2 on this pretence. Seek proper legal advice though just to clarify. And stick to your own credit card in future!! And also take her to court for Assult under S39 Criminal Justice Act 1988 for the texts.