Fraud: Am I a victim?


By Rosie Given

Fraud occurs in a number of circumstances and with our increased reliance on the internet to trade with one another, it has become even easier to be deceived by someone pretending to be someone or something they are not. The Fraud Act 2006 states that you are entitled to a legal remedy if a person has dishonestly made a false representation and intended, by making that representation, to make a gain for himself or cause loss to another. Fraud also occurs where a person fails to disclose important information, or abuses their position of responsibility. Fraud can generally fall within two categories: commercial fraud or criminal fraud.

Commercial fraud

Commercial fraud arises when a business is acting illegally and in breach of the Fraud Act 2006. This may be where false representations are made which cause you to buy from their business and potentially suffer a loss, or perhaps where the company claims to have a professional standard which in reality it does not. All companies must be registered with Companies House and if you have had links with a company that is discovered to be fraudulent, past or present, then you should consult a specialist to ensure that you will not be liable for any of their illicit activities.

Criminal fraud

Criminal fraud occurs where individuals make false representations. Identity theft is a key example of criminal fraud. This is increasingly prevalent through internet email scams pretending to be from banks asking for updated bank details, as well as those stealing identities to create false passports or driving licenses. Many of us are now aware of these scams but as the fraudsters become increasingly inventive it is important to be aware of what information we disclose to other people to prevent criminal fraud from occurring.

If you have been a victim of fraud, it is recommended to seek legal advice from a specialist fraud solicitor. Furthermore, if you are in need of defence for a fraud case then you will certainly need a fraud solicitor specialising in defence work. Clients have contacted Caven when they have been misled into buying things which in reality have never existed, whether a commodity or the promise of a job after undergoing a specific ‘course’, or a recording contract for example.

Unfortunately, clients who have been victims of fraud have usually parted with a great deal of cash by this point, but a specialist fraud solicitor can help you to retrieve your lost funds.

Rosie Given is one of Caven’s most knowledgeable case handlers with extensive experience in this matter from dealing with clients on a day-to-day basis.

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