What are the consequences?

[emp89]

Hi,

My friend has just split from her partner of 10 years (2 children together, not married).
He was financially controlling and a bully.
She stupidly took out a credit card in his name for £1000 the end of last year, she has repayed it in full. He is not aware of this at all.
She also used his catalogue account and has an outstanding balance of approx £500. He has found out about this. He is furious she has done this behind his back. She has said she would repay the £500 as fast as she could. He said it doesn't matter about the money it's what she's done. He said he wouldn't go to police.
However, if he now goes to check his credit file, he will also see the credit card she had.
What should she do? Tell him about the credit card? Report herself to police? She is concerned he will hold this over her and control her and children. Just keep apologising and hope he doesn't take further action?
If he does decide to report to police, how will she be punished? What will she be charged with? identity fraud? I am hoping for her sake and the children's, if he does report her, with the amount not being too high and most of it repaid, and the fact that they were living together with children she may not get punished too severely..
Please advise.

[efpom]

Unfortunately, your friend would seem to have committed a number of offences under the Fraud Act and the Theft Act. But those offences were committed against the the credit card company and against the catalogue company as well as against her ex partner.

If I was advising her ex partner, I would be advising him to contact both companies, clearly stating that both accounts were not opened by him. The reason for that advice is self evident.

If he acted on that advice, the companies themselves might very well report the matter to the police.

I realise that my writing may not be to your liking, but there it is.

The only useful advice I can give is that your friend immediately makes full and frank disclosure to all of the affected parties, and immediately make full restitution. That may go some way to reduce the sentence given to her, in the event that she is charged and convicted of the offences I mention above.

[des8]

Hi and welcome.

As the credit card has been fully repaid I cannot see any action being taken under the Fraud Act 2006, as for an offence to be committed the perpetrator must have the intention to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss.
The defence would be there was no intention to do any of these things so therefore there was no offence.

Similarly with the catalogue.


However if the police should be involved, your friend would be well advised not to attend any interviews without the presence of a solicitor.
It is her right to insist on the attendance of the duty solicitor, whose services are free.
The police, no matter how sweet and understanding they sound, will not in this instance be her friends