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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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is writing a cheque out with no money in your account frau

Resolved Question:

is writing a cheque out with no money in your account fraud
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

It depends.

Alex Watts :

If you tell someone you have money in your account and you write a cheque then yes it is fraud

Alex Watts :

That is because you have made a representation which is false

Alex Watts :

If on the other hand, you are silent as to any funds in your account and you simply write the cheque and it bounces it is not fraud

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Then it would simply be a civil debt matter

Customer:

hello is writing a cheque with no funds in your account fraud

Alex Watts :

Can you not see my reply above?

Alex Watts :

If you tell someone you have money in your account and you write a cheque then yes it is fraud

Alex Watts :

That is because you have made a representation which is false

Alex Watts :

If on the other hand, you are silent as to any funds in your account and you simply write the cheque and it bounces it is not fraud

Alex Watts :

Then it would simply be a civil debt matter

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

so why are the police saying they want to see me on Monday at 3 and the say it is fraud . what happened someone came and threatened at my shop today so I called

Customer:

police and they are trying to do me for fraud

Alex Watts :

I don't know why. You just need to tell the Police what happened.

Alex Watts :

But if you didnt say you had money in your account its not fraud.

Alex Watts :

Therefore the Police are likely just to consider this a civil matter

Customer:

ok . I called the police on a 999 call as I was frightened . but then it backfired and the police say it is fraud I wrote a cheque out with no money in my account I could not believe it they turned on me . thank you for your help I have to attend the police station on Monday with my bank statements

Alex Watts :

No, its a civil debt if you just wrote it out.

Alex Watts :

Can I clarify anything else for you today please?

Customer:

wow so why are the police trying it on with me they say I have to come to the police station with my bank statements on Monday at 3pm . sorry hope am not being a pain

Alex Watts :

You are not a pain.

Alex Watts :

Its only fraud if you made a false representation that caused a loss to another

Alex Watts :

Therefore if you did not SAY you had money in the account, its a civil matter

Alex Watts :

Otherwise loads of people would be locked up for bouncing cheeques

Alex Watts :

Its a civil debt matter

Alex Watts :

Does that help?

Customer:

ok let me explain I have received the goods already .

Alex Watts :

Ok

Customer:

its a company I made the cheque out to for goods

Alex Watts :

ok

Customer:

thank you I thought so . I was amazed . any advice for me when I attend police station on Monday you have been very helpful thank you

Customer:

Am sorry am going on . am just scared don't want to go to prison

Alex Watts :

Of course. No advice save for dont make any admissions

Customer:

ok so if I refuse to give them my bank statements and say no comment would that be good ?

Alex Watts :

Well that is a matter for you. Unless you are being arrested you don't even need to go

Alex Watts :

They can get your bank statements anyway without your consent direct from the bank

Alex Watts :

But you can go and just be honest

Alex Watts :

But you should think of why you wrote a cheque to bounce

Alex Watts :

But keep on saying, its a civil debt

Customer:

ok thank you . I feel I little better . I bet if I don't go they will then arrest me for not attending ?

Alex Watts :

No - you are not bailed to attend

Alex Watts :

Can I clarify anything else for you about this today please?

Customer:

so if I don't go that's it

Alex Watts :

Not necessarily. Potentially they could arrest and interview you

Alex Watts :

So I would go but say its a civil matter

Alex Watts :

And keep repeating it

Customer:

ok best I attend then and see what happens . really cant understand why they are trying to do me for fraud

Customer:

thanks for your advice

Alex Watts :

Can I clarify anything else for you?

Customer:

I think I have taken enough of your time . I just still don't understand why the police who I called to protect me then decided they want to do me fraud for a bounced cheque .

Alex Watts :

Indeed. Its a civil matter

Alex Watts :

If this answers your question can I invite you to rate my answer today, the button should be at the bottom of the screen

Customer:

ok thank you .

Alex Watts :

If you need more help please click reply

Customer:

thank you

Alex Watts :

Happy to help

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