Fraud - Documents correct information concealed

[Rongo]

1) If someone wanted to take out private prosecution in Magistrates. What Law(s) were broken in mid 2006 if following done deliberately:

a) Report on Title not telling truth. The wrong searches done, but no new ones ordered. Mortgage Money transferred to Solicitor to pay to Vendors. No one told Lender or Buyer of this fact.

b) Application for Searches contained Forged Extent Of Property Plan, OS Survey (year) date and the OS Licence Number belonged to a different Firm, not the Firm using it.

c) Solicitor concealed the Facts when asked to check if searches ok.

d) Obtained Official Title Documents only after they were asked was there a problem with a Search result.

e) Registered the Title Plan they obtained too late to do Searches with.

d) Failed to obtain correct New Searches to correspond with the Official Registered Title Plan obtained after Searches Done.

[R0b]

Hello

Can I ask why you are looking at going down the criminal route, rather than civil? Trying to bring a private prosecution for fraud means the threshold is going to be a lot higher than it would in a civil claim where you only need to prove a balance of probabilities.

I also assume you have evidence of this 'fraud' to back up what you are saying? Fraud in either a criminal or civil (which is called deceit) context is a matter the courts take very seriously and should not be bandied about.

It sounds that the solicitor and/or the firm may have been negligent at the very least and then tried to further conceal matters by modifying certain documents which would then potentially amount to fraud.

Have you made a complaint to the firm yet and then perhaps to the Legal Ombudsman for a resolution? If not, have you considered checking to see if you have a legal expenses policy that might cover you for a dispute such as this?

[Rongo]

Hi Rob
Thanks for interest. I have the Search Document with OS Wrong year date, wrong extent of property plan & use of English Heritages Licence Number. OS Confirmed this as belonging to them, not his.

We asked was there a sewer, he had already said in Letter that all returned OK! He also told us and made notation about our question re sewer "non according to search", but we didn't know, he had never Requisitioned Title Docs, which he immediately did after our email, asking re sewer.

7 weeks after obtaining Searches using forged Search Application. We were not aware of this.

He proceeded to complete "Report on Title" Form for Lender, signed dated and returned as all done correctly! (Only wasn't, but we didn't know.) He submitted the Correct Official Plan, without obtaining New Searches. Obviously had he revealed what he did we would have stopped purchase.

Nearly 10 years later, I'll save you the tear jerkers in between. I applied for Outline Planning and found, guess what. A Big storm drain with reverse gravity action. Severn Trent said they would have to move it so ££££££! So could not afford to develop it as had planned.

I wrote to him and he tried to say we knew, but we didn't, he'd told us to ask him if anything needed an answer. We did and he concealed. I don't have insurance, and all money gone fighting Civil and paying rent.

I only discovered the Forgery of Search Application details in Nov 2017! Hence have decided to go down the Magistrates route. I have the evidence. Just need pointing in direction of possible Legislation.

Am working on it now. I'm 70 now and I believe that getting him to have to appear, will be quicker than the Civil. He of course has big shot legal firm! Apologies for length of this. Have been as succinct as can for 12 years of wasted effort and life, well I don't let them get me completely down!! I'm due to become homeless yet again (3rd time) in 3 years, so nothing ventured. Just trying not to cock up on the relevant legislation.

Enjoy your day.

[Rongo]

Hi Rob sorry forgot to say I've tried Policex2 SRAx2 & Action Fraud who said they don't deal with this type of fraud.

I saw the Diljit Bachada case on Law Society website and obviously as her victim was a Solicitor police know there were the resources to make them pursue.

I know I'm biased but what I have experienced deserves to go before Crown Court.

As is prior to 2006 Fraud Act. I can see see is an avenue under Theft Act 1978 Section 2(1)(c). May be just stick with keeping simple.
Kind regards. Thank you for interest.