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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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if a trading standards officer gives information that he knows

Customer Question

if a trading standards officer gives information that he knows may not be accurate that could course financial loss to a person could that be classed as fraud under the 2006 fraud act sections 2/3 and 4 and if you think it would be classed as fraud who should I report it to
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

some people had there cattle seized by trading standards on the 19 of april this year I went to court and got position of the cattle after 4 months I had nearly all the cattle brought to my farm except for the ones that died in there care and eight that wernt tagged on the day they were taken but did have paper work trading standards decided in October to go to Bristol crown court to get the right to buy the remaining cattle it was agreed that they could buy the cattle at a independent valuers value for the 19 of april . the trading standards sent the valuer the information needed to value the cattle but said the cattle didn't have any paperwork there but they did on the 19 of april the paperwork wasn't taken of these cattle till august


 

Expert:  Jo C. replied 2 years ago.
OK. Thanks.

What is the fraud please?
Customer: replied 2 years ago.


by giving information knowing it may not be true so they can buy the cattle at a much reduced rate coursing financial loss to the farmer

Expert:  Jo C. replied 2 years ago.
Ok. But what information?

Obviously negotiations do tend to involve exaggerations and half truths.
Customer: replied 2 years ago.

this was not a negotiation the judge ruled that a valuer was to be given all the information ie pictures videos and they were to be valued as they stood on the 19 of april this year.


The day the cattle were seized they had documentation but were not tagged and the trading standards officer has sent the information to the valuer saying that the cattle didn't have passports but on the 19/4/13 they did it wasn't till august that the documentation was taken from the cattle from what I can gather it says in the 2006 sections 2 and 3 it is fraud to send information thay you know may not be true that could course monetary loss to person or financial gain to themselves


 


sorry about the spelling


 

Expert:  Jo C. replied 2 years ago.
I'm really sorry and I'm sure its my fault but I don't understand? What is the fraud please?
Customer: replied 2 years ago.


the fraud is giving information knowing it may not be true to buy the cattle at below market value its says in the fraud act 2006 that it is an offence to give information knowing it may not be true to make financial gain or course loss to another person


 

Expert:  Jo C. replied 2 years ago.
Yes, I understand that but can you describe the fraud? What exactly happened please?
Customer: replied 2 years ago.
Ok just tell me is it fraud to give misleading information to course loss to a person
Expert:  Jo C. replied 2 years ago.
Not necessarily. It depends on the circumstances.

People give misleading information all the time and probably it does cause loss to others but that doesn't amount to fraud.

Its possibly a misrepresentation but that goes to contract law. It dpeneds on the circumstances, the nature of the allegation and the loss.

Unless you are want to give me more information upon that I'm not sure that I can be more conclusive I'm afraid.

Jo

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