Getting done for fraud/theft...

smicer07 · 07-03-2010, 19:51

Wondered if anyone could advise me. Long time since I've been here so I'll start from the beginning. Was with the ex for 4 years. Split up years ago but she refused to close the joint account. She carried on using it for various things, then it got overdrawn. Obviously my name was on it, so I was worried I'd get a bad credit rating etc. She refused to pay it off, so basically I did it for her (through her account

). I know, I know. Anyway, I closed the joint account and now she's saying she's been to the police and called the bank. The police have been passed details from the bank (I assume they have my IP address) and she says she's going to prosecute me to get the money back off me unless I pay her back within 7 days. Obviously I was wrong to do what I did but it happened after years and years of frustration regarding the account. Could anyone offer any advice on what to do next?

I'm aware the dunce's cap is probably appropriate.
Cheers.
Simon.

Scrubbs · 07-03-2010, 19:58

First of all if you paid off the overdraft what's the problem? is all this information about the bank and the police from your ex or is it from the bank and the police directly i.e. a letter for example?

**Maggy J** · 07-03-2010, 20:03

Quote:

Originally Posted by smicer07

Wondered if anyone could advise me. Long time since I've been here so I'll start from the beginning. Was with the ex for 4 years. Split up years ago but she refused to close the joint account. She carried on using it for various things, then it got overdrawn. Obviously my name was on it, so I was worried I'd get a bad credit rating etc. She refused to pay it off, so basically I did it for her (through her account

). I know, I know. Anyway, I closed the joint account and now she's saying she's been to the police and called the bank. The police have been passed details from the bank (I assume they have my IP address) and she says she's going to prosecute me to get the money back off me unless I pay her back within 7 days. Obviously I was wrong to do what I did but it happened after years and years of frustration regarding the account. Could anyone offer any advice on what to do next?

I'm aware the dunce's cap is probably appropriate.
Cheers.
Simon.

Go talk to the bank taking details of the split(you are divorced right?) and explain everything to them.Go see a solicitor(the CAB may help if you are skint) and get advice from them.

Then tell her what you have done and wait and see what happens next.I bet she will just forget all about it..

smicer07 · 07-03-2010, 20:10

The bank sent me a letter and I spoke to them about it. I basically knew the password to her account and transfered the cash to our joint account, which is why she's doing me for theft.
Have heard nothing from the police, yet.

**Chris** · 07-03-2010, 20:10

Simon, no offence whatsoever intended here but there were at least two, very lengthy threads on here about you and your ex back at the time of your acrimonious split. There was a lot of very sound advice in them, and some of it, if memory serves, both warned of, and would have prevented, the very problem you are now describing. I know for a fact I told you, on more than one occasion, to go to the bank and remove yourself from that joint account before she started running up debts in your name.

What you should have done then, and what you should be doing now, is dealing with her exclusively through a solicitor. You need sound legal advice about what has happened, what law (if any) you may have broken, and what you should do next.

You should not, under any circumstances, be wasting your time taking advice from an internet forum. Especially not when experience shows you're going to ignore it in the end anyway.

07-03-2010, 20:23

You just say she gave you her password to clear the overdraft.. Simple what ever you do do not admit that you knew what you were doing.

Take my advice she told you to do it and gave you her password after you did it she said she was gonna say you defrauded her.

Get this thread deleted also

Scrubbs · 07-03-2010, 20:39

Quote:

Originally Posted by smicer07

The bank sent me a letter and I spoke to them about it. I basically knew the password to her account and transfered the cash to our joint account, which is why she's doing me for theft.
Have heard nothing from the police, yet.

Well.... she's got you bang to rights, you stole the money from her account to pay your joint debts.
Do as chris says get down to the solicitors or CAB as soon as possible and act on their advice. Or pay her back.

---------- Post added at 20:39 ---------- Previous post was at 20:27 ----------

Quote:

Originally Posted by Chris

You should not, under any circumstances, be wasting your time taking advice from an internet forum. Especially not when experience shows you're going to ignore it in the end anyway.

this could be a bit of a parodox ( take my advice, which is ignore any advice I give you )

OOOH that's hurting my head

**Kymmy** · 07-03-2010, 22:01

Quote:

Originally Posted by zing

Get this thread deleted also

Do you actually expect the mods/admins (especialy with Derek about) to delete a thread so a member can evade fraud charges which they've fully admitted to?

**Stuart** · 07-03-2010, 22:06

Simon, first thing tommorrow, I would recommend you talk to either your local CAB or a solicitor about this. I would not recommend asking for advice on this or any other forum.

If you do not get the correct advice, you can end up in prison as a result of this.

07-03-2010, 22:16

Quote:

Originally Posted by Kymmy

Do you actually expect the mods/admins (especialy with Derek about) to delete a thread so a member can evade fraud charges which they've fully admitted to?

ive seen similar threads deleted at the users behest

I question it being fraud by the fact that the ex had not changed the password and carried on using the joint account to all intense and purpose she left him access to the account. I would also offer a charge to her for fraud and theft for spending money from said joint account after the split up

I also would have thought if the Police were involved there would have been a knock by now? and if a complaint has been made where is this 7 days thing coming from?

She does not prosecute you the police would have to arrest you and charge you then the CPS decide if there is a prosection.I would have thought you cant complain to the police but say give us a week to see if we can sort it out

Lord Nikon · 07-03-2010, 22:27

That said, since the money was transferred from his exes account, to an account at least jointly in his exes name, was there actually a crime?

Tricky · 07-03-2010, 22:28

As a joint account you are (were) both liable for the debt outstanding - You paid this using her funds (comment about her allowing you above) - Bank is happy that account paid. "IF" she has been to her bank/police etc. then you are in a place where personally I would await the knock on the door. Is she likely to do this, knowing that she was liable for the original debt anyway?

**Stuart** · 07-03-2010, 22:42

Quote:

Originally Posted by Lord Nikon

That said, since the money was transferred from his exes account, to an account at least jointly in his exes name, was there actually a crime?

I suspect fraud. The account he transferred the funds from was in her name only, so he would have had to use her password and effectively pass himself off as her. The destination of the money is irrelevant. His legal option would have been to either remove his own name from the account, so the bank would chase her, or to pay the money himself and chase here for it.

Flyboy · 07-03-2010, 22:42

OP...

You accessed her bank account by using her password, without her permission and transferred money to a joint account, to pay off debts, jointly owned by you and her?

Sorry, but you don't have a leg to stand on. It doesn't matter in the slightest your motivations for the act, you effectively stole money to pay off debts owned by you.

**Stuart** · 07-03-2010, 22:48

Quote:

Originally Posted by zing

ive seen similar threads deleted at the users behest

I question it being fraud by the fact that the ex had not changed the password and carried on using the joint account to all intense and purpose she left him access to the account. I would also offer a charge to her for fraud and theft for spending money from said joint account after the split up

If the joint account had been closed, or her name removed from it and she carried on using it, that would be fraud. Otherwise, she was doing something that she (legally at least) was allowed to do.

What I think smicer is talking about is he transferred money from her *personal* account using her password, to pay off the debts on the joint account. If that is the case, that is fraud.