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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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I believe my brother to be the victim of fraud by someone who

Resolved Question:

I believe my brother to be the victim of fraud by someone who he believes to be his girlfriend. He is 50 with no real experience of relationships prior to meeting this woman who is only 34. She is currently on bail for theft, has a previous conviction of fraud which she served 20 months. She hired cars and sold them on. She asked my brother to buy her an expensive car (£21,000) and is a named driver as she cannot get credit. She has parked the car illegally on more than one occasion and of course my brother pays. I have since found out he is in serious debt due to this woman (around £70,000) he is undergoing counselling at work, his health is suffering (he is Diabetic) and I believe she has taken advantage of him whilst responding to grief of the loss of our Aunt. All his inheritance has gone paying her debts and buying her expensive items. Is there any case to be had like false representation?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Is there suggestion she has lied to him?

Will he give evidence?
Customer: replied 3 years ago.

Hello, I believe that she has mislead him in to believing that they are in a true relationship, there are similarities to her previous conviction and although my brother has capacity, he has had no real life experience, he still lives with our mother, he had always been frugal in the past, his health has had him in hospital and we have nearly lost him when he was younger. She is currently on bail for theft from her employer and is due to attend court again in April. I fear she has tried to involve my brother in some way by asking him to provide her with an alibi, which he didn't. He was questioned by the police. He believes he's in love, so no, at the moment I don't think he will give evidence. My other brother is trying to advise and help too.

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

It might well amount to fraud. Its difficult to say upon the information you have.

You only have to make a false representation dishonestly. You will find the offence here

http://www.legislation.gov.uk/ukpga/2006/35/section/2

it is always very difficult to bring relationships within this definition. What 'making a false representation' amounts to is a question of fact for a court but its always hard to argue that it amounts to saying to a perosn that you are in relationship with them when you are not. Its one of those very subjective terms that is difficult to pin down.

It might well be that she has lied to him to get money. Unless he is going to give evidence though I'm afraid the case is unlikely to be capable of proof. Some of the evidence could only come from him rather than from family members.

I would suggest that you report this to social services but you seem to be saying that he does have full capacity so it won't interest them unfortunately.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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