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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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I am self employed and running news agent shop,I have PAY POINT

Resolved Question:

I am self employed and running news agent shop,I have PAY POINT agency in my shop I have top up my own pre paid card and used this card to buy stocks and goods but now I am not able to pay this money,Will I face any fraud charges?
?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you give me some more details please? What is that yo have done that you fear may lead to charges? Have you been dishonest?

Customer:

no and what information you need

Customer:

are you there

Customer:

I have top up my own pre paid cards and i am not in position to pay that money

Customer:

?????

Customer:

????

LondonlawyerJ :

Just tell me what it is you think you have done that may be fraudulent. I do not run a PAY POINT agency so it is not obvious to me? Have you taken topped up your cards with someone else's money?

Customer:

no ,Pay point agency is in my name so end of the day i have to deposit that money to their a/c and now I am not in that position to pay that money.(money is not someones elses)

Customer:

??????

LondonlawyerJ :

So have yo helped yourself to some money that you were holding on their behalf?

LondonlawyerJ :

Please note this is not a call centre style service and I will respond to you as soon as I can, but I am a workn lawyer and need to fit you in around other commitments.

Customer:

yes

LondonlawyerJ :

OK. To be guilty of theft you need to dishonestly take something belonging to someone else and at the time you did so intent to deprive the righful owner of that property. Money can be property. This is more of a fraud type situation. You will be guilty of fraud if you occupy a position in which you are expected to safeguard the financial interests of another person and you dishonestly abuse that position to make a gain for yourself or to cause loss to another/expose another to a risk of loss. You can also commit fraud by dishonestly failing to disclose information or by making a false representation.

LondonlawyerJ :

If what you have done fits this then there is a risk you could be prosecuted. Please explain to me simply and clearly what your duties under Pay Point are and how you may have breached those duties, if you have breached them. If you do this I ill hopefully be able to give you a useful answer

Customer:

Under Pay point I am doing top up for mobile net works,gas and electrical cards and keys and top up prepaid cards, this amount is debited from my bank account.

Customer:

I am not employee of pay point company and I am not getting any salary for this services .In my bank account there is not sufficient bank balance to cover that money.(I have top up my personal pre paid cards that money is also included in that money but at the same time there is no condition that prevents to do so,and so there is no breach of duties )only thing that I am not able to give that amount and direct debit is failed due to insufficient fund (1) I have top up my card which is not at any point out of law or out of any agreement (2)I am not able to pay, out standing money(is not civil proceeding)

LondonlawyerJ :

OK it sounds like you have not done anything dishonest. You certainly don't think so which is often a pretty good guide. It seems that this may well become a debt issue which if it goes to law will be dealt wit by way of civil proceedings. Still best to avoid though, so perhaps you should be talking to PAY POINT and trying to arrange to pay back what you will soon owe them.

Customer:

thaks,in future if I need advice how i can contact you.

LondonlawyerJ :

if you post a question on this site and make it clear that you want an answer from Londonlawyerj that should work. I visit this site most days at some point.

Customer:

thanks

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