Fraud on friend.

[rachelle12]

I wonder if you can help me.

I have borrowed money from a friend, roughly 20k. I did say that he’d have it back by certain dates, knowing I couldn’t do that and I did lie about having money back through a pension that’s meant to be clearing. He did request interest. I have lied on numerous occasions which I guess is classed as fraud.

I have been paying him back what I can but I presume at this point it’s going to end up with the police, I admit I lied, but I am paying him back. I do have a son, I’m just trying to get some advice on what my next move should be, and what sentence I’m likely to get.


I am a gambling addict, I have self excluded and haven’t done anything for over a month now. A lot went towards my mortgage which he knew about.

[jaguarsuk]

Has he mentioned the Police?

You knew you couldn't pay the money back, made false representations about that and a source to be able to, which would mean you have committed an offence contrary to The Fraud Act 2006 s.2 (1).

However, if you are paying him back it may not end up with the police. Perhaps you should let him know you are a gambling addict and that the money went towards your mortgage as he knows, but that you can't afford to pay him back as you had previously agreed.

Tell him you want to enter into a formal agreement between you to protect his money being repaid and apologies that you hadn't been truthful.

He's a friend, addicts lie not because they actually want to deceive, but because they are in the grip of something controlling them. The fact you're coming clean, offering to put something legal in place to repay his money might end all this.

[rachelle12]

I always had intentions of paying him. I just didn’t know when but I knew it wouldn’t be the date stated.

I have already paid back 1k but I borrowed more meaning I’ve paid back £325.

I am sending what I can when I can.

I have spoken to solicitors online who are saying this is a civil case not a criminal case because I’m paying some back and I’d have had to have intentions never to pay him back, is this wrong?

Hes not been to the police, but is now ignoring me so won’t respond to formal offers to put something in place.



I just want to know if i am charged with fraud what kind of sentance im looking at. He’s lent me 20k and I have a son

[jaguarsuk]

In so much of repayment of the loan yes it’s a civil matter, however he lent you money based on false representations made by you and you have gained financially from that, so that could be a criminal matter.

The smart thing for him to do would be as I have said, formalise a repayment plan you can afford, write it down and you both sign it.

Think from his point of view, if you’re convicted of fraud your earning potential is damaged and how can you repay him then? It’s not in his interest to try to go down a criminal route and once you sign an agreement to repay him it’s a loan between friends, a proper civil matter.