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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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what offence, tort of statutory is forgery of a signature in

Resolved Question:

what offence, tort of statutory is forgery of a signature in a legal document in the county courts
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

A company have added my signature to a legal charge in order to register it with HM land registry.i need to know what to put on the county court claim i.e. tort or statutory. Is it the tort of deciet Fraudulent misprep , I am unsure as the misprer hasn't been made to me or is it forgery?

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

That is a criminal offence and you should report the matter to the Police. You should not make a county court claim unless you are claiming e.g. damages for this and can show losses to you to support your claim for damages.

S. 1 of the Forgery and Counterfeiting Act 1981 provides as follows:

A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

See here: http://www.legislation.gov.uk/ukpga/1981/45

See also here for specific case law on trying to deceive the land registry: http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/making_a_false_instrument/

Hope this helps
Customer: replied 2 years ago.

thankyou. I am claiming damages in the county court as it was used to secure a legal charge which I had to clear before I could sell my house.

Expert:  UKSolicitorJA replied 2 years ago.
Ah okay, thanks.

In that case you could explain that it was a statutory offence.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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