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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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Hi I had a friend who was sharing house with me, i have helped

Customer Question

Hi
I had a friend who was sharing house with me, i have helped him for the visa extension purposes and lend him £2500, as the visa application got rejected he went back to Pakistan and has not refunded my money.
Couple of months later he applied for a credit card and transferred a balance onto my credit card to clear up the money he owed me.
After one year as of him being still in Pakistan he has reported his credit card as identity theft and reported me as i have stolen his identity and applied for credit card on his name and did the balance transfer into my credit card.
Eventually to avoid the complications as he ran away to Pakistan and did not clear his debt on credit card through which he did balance transfer onto my credit card, i ended up paying back his credit card amount which was the actual money he owed me at first instance.
Where do i stand in case if the credit card company proceeds with identity theft as all the connections , balance transfer and everything relates to me.
Kindly advise as i am so stressed.
I am even happy to pay any fees.
Kind Regards
Amir
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What is your specific question about this!?
Customer: replied 3 years ago.

My question is if the credit card company proceeds with the identity theft, where do i stand ? , as the guy rang the credit card company saying he was in Pakistan and has never applied for a credit card or did balance transfer, which is a lie as infact he did, but the only issue is he did balance transfer to my creit card account in order to equalize the money he owed me.

Hope it makes more sense.

Regards

Expert:  Jo C. replied 3 years ago.
Ok.

But what do you mean by where do I stand?

Are you asking if you will be prosecuted?
Customer: replied 3 years ago.

yes please as the boy who owed me money has reported me to that credit card company as ID Thief that i have used his ID and details and applied for credit card while he was in Pakistan and then did the balance transfer from his approved credit card to my credit card (so that makes ID theft), where as he did balance transfer from his approved credit card to my credit card.

I have paid back his credit card recently once he has reported me as thief to credit card company.

My question is that will be still be prosecuted for ID theft which he has reported me to his credit card company for ID Theft?

Though i have paid it back with the good intention that i dont want trouble for myself or any criminal record.

I dont know if i am still able to clearify my question.

Thanks

Regards

Expert:  Jo C. replied 3 years ago.
Well, it doesn't help that you have paid back money on his credit card.

They could make a report to police. I would expect that they would do so given that they are receiving reports from him that you have done this.

Whether or not you will be prosecuted depends on the evidence they can raise. It is rather unfortunate but there has been a balance transfer to your account from his credit card which was sought just after he left the country. I'm afraid, that would seem to be a prima facie case against you.

If you have an explanation for this then you have to offer it to the police. Your best hope actually might well be that if he is in Pakistan it's not likely that he would want to come back to the UK to give evidence against you.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you very much for your honest reply, but if I get charged then will i be going to prison?
Or what is the maximum punishment I may expect?
Expert:  Jo C. replied 3 years ago.
Whats the value of the sum upon credit?
Customer: replied 3 years ago.

It was £2550 with all the late payment penalties and interest charged.

Credit limit was £2400.

Expert:  Jo C. replied 3 years ago.
Do you have any previous?
Customer: replied 3 years ago.
Im sorry previous what?
Expert:  Jo C. replied 3 years ago.
Sorry previous convictions.
Customer: replied 3 years ago.
If your question is that i have any Previous criminal convictions or being involved in any criminal activity of any nature, so i am not i have a very clean record.
Customer: replied 3 years ago.
i am so stressed would you be kind to suggest me of hiring any solicitor before they reach me or shall i go contact police myself.
Expert:  Jo C. replied 3 years ago.
Given that this is a single fraudulent transaction of a relatively low sum you are facing a starting point of a fine to a community order.

It doesn't cross the custodial threshold.

Expert:  Jo C. replied 3 years ago.
No, on no account go to the police.

This might well turn into nothing as credit card companies do not always make reports to the police.

Also, as a matter of principle, we do not walk into police stations without hands in the air. The onus is upon them to prove the offence against you and we do not give them opportunities to do so.

Do nothing. It might well turn into nothing.

I do understand that this isn't what you want to do. From an emotional point of view I can see that it is more attractive to go charging down to the police station and get it over with but from a risk management point of view this is much safer.
Customer: replied 3 years ago.

I am sorry i am not a law person and sorry to trouble you with so many questions anyway.

What is the maximum fine i may be looking at, also what is the community order please?

I am so confused ,i am a professional accountant and has fallen ino this trap now, so i am not exaggerating at all or meant to trouble you with lots and lots of questions. its just that i have never been in such stress ever in my life.

please advise as accordingly.

 

Many thanks in advance.

Expert:  Jo C. replied 3 years ago.
Its an unlimited fine now.

You will be lucky to escape with a fine. This is a credit card fraud of several thousands.

Customer: replied 3 years ago.

What will be the community service please?

Expert:  Jo C. replied 3 years ago.
It depends on your issues. Probation suggest a community order rather than the courts.

If you don't have any issues then they might have to consider unpaid work.
Customer: replied 3 years ago.

Many thanks.

Expert:  Jo C. replied 3 years ago.
No problem.

this might well turn into nothing so just sit tight.

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