accused of fraud

[Advicerequired]

I need a bit of help. This is going to be some read but I will make it as brief as possible.

I split with my ex in 2010 and there was a lengthy and bitter court battle for me to see my little girl who was 2 at the time. All sorts of accusations were thrown my way and after each one was sorted another would take its place, after 4 years it was all over.

After a while I met my new partner and after hearing that we were planning to move in together my ex walked into a police station and made a complaint of fraud from 2007. We had a joint loan at this time with Northern Rock and on their collapse it was rolled into our new mortgage with Halifax. The loan was originally taken out by us both as we had split up at this point and it was to consolidate our depth to allow us to move our separate ways and to pay the remainder off when the house was sold. After a drunken night while all this was going on she fell pregnant and we got back together again for our little girl but it was shortlived.

Anyway she told Police that she did not sign the loan application. I was interviewed and explained the circumstances however they were unhappy that all the finances were in my name, I explained that I paid for every bill while the ex and I were together hence the depth clocked up in my name. It seems as well that forensic examination has determined that she did not sign the document, someone else has on her behalf. I am confident that I did not sign it but despite offering to provide handwriting samples to Police to prove that it wasn't me the Police are not interested.

It also seems that she contacted Northern Rock after the loan was taken out querying it so that has been evidenced. On paper it looks awful, she even has me doubting it all. I can not stress enough that I didn't do it and have told police that not only was she aware of the loan, she also benefitted from it with us taking a holiday with eachother with the remainder of the funds to help us try to rekindle the relationship.

I need to know if there is anything I can do to prove that it isn't mine. What points have to be proven? I believe her mother has signed it on her behalf or she has messed up her signature on purpose to get back at me for our original breakup. She is a very devious person so I know it isn't that far fetched.

Any help would be greatly appreciated

[judgemental24]

Re: accused of fraud

You do not have to prove your innocence

It is for the crown to prove guilt beyond a reasonable doubt.

No matter what the Old Bill say, there is always a presumption of innocence.

[R0b]

Re: accused of fraud

Essentially fraud is the intention to make a gain or cause a loss by false representation. If you were to be charged and your 100% confident that you didn't do it then I would be minded to look into instructing an expert on handwriting comparisons - obviously with the advice of a solicitor.

Secondly is there anything from the court proceedings regarding your daughter where the judge was doubtful of the accusations and she was deliberately making them without cause? That could be used against her to say the same here.

Do you have any proof that she knew the holiday was used by the loan funds, emails, texts?

Are you able to get hold of records relating to the loan in which she may have called to access or discuss the matter except when She questioned it?

If you are charged with fraud, you could counter claim against her for perverting the courts of justice (making false allegations), malicious prosecution or libel would be other options.

Seems like early stages at the moment but you might want to start gather evidence together so that it will be easier if this starts moving forward.

[Advicerequired]

Re: accused of fraud

Hi Judge and R0b, thanks for getting back to me, very much appreciated. On my daughter, she was continuously found to be lying but every fresh allegation had to be looked into for obvious reasons which she was happy with since she was in receipt of legal aid while I forked out over 15k, the judge ended up describing her as an appalling person in the end. She has also made a previous accusation of assault from my mother, this went nowhere fast as it was her word against her mother's.

I have no evidence that she knew the remainder of the loan was used for the holiday, it was unfortunately almost 8 years ago. There would no doubt be texts or other forms of communication back then but I certainly don't have anything now. I raised it in interview that this was an amazing holiday and there was no way we could afford it on our own at that time so of course she was aware of it.

My solicitor mentioned getting our own hand writing expert but only to look at the alleged forged signature as ours might say that she could have purposely signed it incorrectly to attempt to accuse me of this but I am being told that they can not look at my own writing and say that it wasn't me. This would be ideal.

[judgemental24]

Re: accused of fraud

Fraud is one of those offences that comes under the Theft Act 1968.

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

Dishonesty by false representation is the key with this under the Fraud Act 2006.

There is no need to instruct a Graphologist or a solicitor etc unles you have been charged with a criminal offence. Everyone has the right to a duty solicitor if questioned under caution by the state at no cost to the suspect. You do what any solicitor advises.

You cannot counter claim in the Criminal justice System, Ths is not a civil court. That will be up to the Crown Prosecution Service unless by a private prosecution.

You cannot claim maleficence if the state acted in good faith on the evidence presented. Even if you could that would be a totally seperate trial and nothing to do with this case. It wil be the for the police if they had evidence the other party has made a false statement and to charge with wasting police time. Look at all the men charged with rape malisiously. (Craig Charles)

Libel/Defamatin well will be a non starter unless it settled the basic characteristics of the Defamation Act 2013

(1)A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant

It is not enough to show that the alleged defamatory statement is "bound to cause" a change in people's perception;

And the last point is that you do not have to do anything, as i have stated if you have done nothing wrong get the police to locate all the evidence, they will have to release it to you or your solicitor anyway. If people start asking questions you might be tipping the prosecution off on such matters.

"If in Doubt. Say and do Nowt"

[Advicerequired]

Re: accused of fraud

Thanks Judge, I am far from interested in taking this further, had enough of courts with the custody battle and I may well have to go back to get the house sorted but that's another problem for another day.

This is just stressing me out a little, if forensic examination of my signature could put me in the clear then why wouldn't the police do it? Also could the forensics that they had done on her signature tell if she purposely made it to look different or if I threw a few of her family members names into the mix could further tests identify if it was one of them?