Been accused of fraud by my ex - will repayment go in my favour?

[unclerico]

Recently I was arrested and released under investigation for fraud - reported by my ex for an amount of money I acknowledged I owed her but didn’t admit to obtaining it by defrauding her. Will it go in my favour if I get a solicitor to write up a payment plan thag she can sign if the agreement is clear that the monies owed is a debt?

[dslippy]

As always, circumstances will dictate the correct answer. Is she likely to sign?

[islandgirl]

what matters is whether you are accused of fraud and charged. Do not speak to the police without a solicitor

[unclerico]

what matters is whether you are accused of fraud and charged. Do not speak to the police without a solicitor

I already spoke to the police without. I wasn’t charged. Just released under investigation.

[unclerico]

As always, circumstances will dictate the correct answer. Is she likely to sign?

she is likely to sign. She just sees pound signs. Little has she realised that the investigation will continue regardless and I’m left in limbo because she’s lashed out.

[islandgirl]

I already spoke to the police without. I wasn’t charged. Just released under investigation.

Ok well you may still be charged -that is up to the CPS not the police. Do not under any circumstances speak to them again without a solicitor. What matters is the original offence not if you agree to repay - that is mitigation and may help to get you a lower sentence if you plead or are found guilty.

[unclerico]

Ok well you may still be charged -that is up to the CPS not the police. Do not under any circumstances speak to them again without a solicitor. What matters is the original offence not if you agree to repay - that is mitigation and may help to get you a lower sentence if you plead or are found guilty.

Thankyou for your advice. Am I able to have a solicitor contact CPS now? I am a lawful permanent resident of the US and would rather not come all the way back to the UK and be charged with something I haven’t done and waste the expenses. Or maybe plead by post?

[islandgirl]

How did the police arrest and speak to you then?

[unclerico]

How did the police arrest and speak to you then?

They said we don’t take this lightly but don’t worry. I am going on a road trip for 6 months as I’m a lawful permanent resident of the US and they said I can go and enjoy myself and they checked with the sergeant first if that was ok. In the meantime I want an agreement written up to say I owe it as a debt and that I will repay in instalments. My bank was completely closed.

[unclerico]

How did the police arrest and speak to you then?

apologies I misunderstood the question. I was in the UK at the time. The police went to my dads. I wasn’t in and my dad told me they were looking for me so I went into the station myself and was arrested.

[dslippy]

Be very careful not to do anything which might bring into question your right to be in (or to return to) the US.

[unclerico]

Be very careful not to do anything which might bring into question your right to be in (or to return to) the US.

I think it will already affect it. I can’t be out of the country more than 8 months and I will be if I stay in the UK until this nonsense has finished. Do you think that extraditing me over a repaid £14k that has a contractual agreement over it would be worth it to CPS??

[dslippy]

I doubt that they would trouble to extradite you - but I emphasise that that is just a guess based on very limited information.
Entry to the US can be dependent on declarations that you have not been charged / convicted of serious criminal offences.

[atticus]

Your ex may see £ signs, but if I understand correctly you have her £££. Why do you describe this as nonsense?

[unclerico]

Your ex may see £ signs, but if I understand correctly you have her £££. Why do you describe this as nonsense?

because being unable to repay a debt is not the same as fraud. And the reason why I haven’t been able to keep up with repayments is because I had a nervous breakdown last year, suffering from diagnosed severe depression, severe anxiety and encounter passive suicidal thoughts which has prevented me from working.

my ex partner was supportive of this until we broke up at which point her attitude changed towards me and what started off as a debt has now changed to fraud. That is nonsense to me.