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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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Hi, I need some advice regarding a theft. My ex boyfriend

Resolved Question:

Hi,

I need some advice regarding a theft. My ex boyfriend is currently on probation and serving, three and a half year suspended sentence. Back in February he took my debit card on three occasions without my knowledge and used it to spend around £300 on iTunes. I confronted him when I found out and he begged me not to go to the police, promising to pay the money back, as he knew he would end up in prison if I reported it. I agreed to this, and although he has now fully paid me back, I'm regretting this now. If I now decided to take this to the police, would I be liable as I did not report it immediately at the time?

Thank you in advance for your help.
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.

Are you asking if the police would take any action if you reported this?
Customer: replied 3 years ago.


Yes, I wanted to know anything might happen to me as I did not report it at the time.

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

You could report it now. Nothing can stop you walking through the doors of a police station.

However, the practical reality is that he will almost certainly defend on the basis that it was a loan and point to the fact that you did not report it until you finished and that he has repaid the matter. In truth, I would brace yourself for CPS to refuse charge. He will say that you are just displeased because the relationship ended and the timing of the report would support that.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX very useful. At the time I went to the bank and reported the theft in an attempt to get my money back from them and they told me, as it was theft and not fraud, this was not possible. I cancelled my card at the time, so would this count in my favour at all. They would have records of this. Also, as there was no chance of receiving my money back from the bank, I gave him the chance to pay it himself as I wasn't sure there would be any other way.


 


I appreciate your help.

Expert:  Jo C. replied 3 years ago.
To be wholly honest, he will say its sour grapes because the relationship is over and that you are just trying to gain revenge and that could well be accepted I'm afraid.

Nothing can stop you making a report though. There is an outside chance it might succeed.
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