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If you pick and choose, the following extract may provide some good bits to quote in letters, not just for bailiffs, but this seemed the easiest place to post it:
Crime: Fraud
Lord Lucas asked Her Majesty’s Government:
20 Apr 2007 : Column WA94
The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.
One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
Lord Lucas asked Her Majesty’s Government:
Baroness Scotland of Asthal: The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is by false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents to be a certificated[IMG]file:///C:/Users/David/AppData/Local/Temp/msohtml1/01/clip_image001.gif[/IMG] bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss. It is immaterial whether they actually obtained a payment or goods from a debtor.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
20 Apr 2007 : Column WA95
Lord Lucas asked Her Majesty’s Government:
Baroness Scotland of Asthal: The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents himself to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
Lord Lucas asked Her Majesty’s Government:
Baroness Scotland of Asthal: The basic rule regarding the powers of entry for bailiffs is that there is a right of entry that may be exercised into any relevant premises. In circumstances where a bailiff illegally obtains entry to a debtor’s premises, their conduct will amount to fraud only if they dishonestly, and with the intent to make a gain or to cause a loss, make a false representation, fail to disclose information or abuse their position. While an illegal entry may be made with the intention of making a gain or causing a loss, it may well not involve the other elements necessary to commit a fraud.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases
Crime: Fraud
Lord Lucas asked Her Majesty’s Government:
- Whether a bailiff who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2743]
20 Apr 2007 : Column WA94
The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.
One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
Lord Lucas asked Her Majesty’s Government:
- Whether a person who represents himself to be a certificated[IMG]file:///C:/Users/David/AppData/Local/Temp/msohtml1/01/clip_image001.gif[/IMG] bailiff, but is not, and by doing so obtains a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2744]
Baroness Scotland of Asthal: The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is by false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents to be a certificated[IMG]file:///C:/Users/David/AppData/Local/Temp/msohtml1/01/clip_image001.gif[/IMG] bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss. It is immaterial whether they actually obtained a payment or goods from a debtor.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
20 Apr 2007 : Column WA95
Lord Lucas asked Her Majesty’s Government:
- Whether a person who represents himself to be a certificated bailiff, but is not, and intends by so doing to obtain a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2745]
Baroness Scotland of Asthal: The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents himself to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
Lord Lucas asked Her Majesty’s Government:
- Whether bailiffs who illegally obtain entry to a debtor’s premises with the intent of obtaining payment from a debtor, or of taking possession of goods, commit a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2746]
Baroness Scotland of Asthal: The basic rule regarding the powers of entry for bailiffs is that there is a right of entry that may be exercised into any relevant premises. In circumstances where a bailiff illegally obtains entry to a debtor’s premises, their conduct will amount to fraud only if they dishonestly, and with the intent to make a gain or to cause a loss, make a false representation, fail to disclose information or abuse their position. While an illegal entry may be made with the intention of making a gain or causing a loss, it may well not involve the other elements necessary to commit a fraud.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases
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