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can i get away with this ?


La Roche
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If a person is moving to France to escape creditors it's not a very wise move because the french are much harder on bad payers than the uk. What about bouncing cheques? And almost impossible to get loans. They say it's easier in Spain.[;-)] Pat.
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I can assure you that once the intent to retain the money is taken - it IS theft (see my earlier explanation, borne out by others).

The reason we do not see or hear of the police chasing people for this offence, is because (as I explained) it is nigh on impossible to prove the intent.

Mel

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[quote user="Russethouse"]Georgina, Please tell me you really ARE Cherie Blair - boy, have I got something to say to her..........[6][6][/quote]

Actually RH better say it now 'cos, tomorrow I am going to be someone else!!![:D][:D][:D]

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Business idea,

Set up an investigation firm to locate these debtors, crooks and thieves who think they can hide from UK authorities by entering France.

Could also film builders etc working on the "black."

Hmmm.[I]

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I'm not a lawyer, but isn't it true that the same act can give rise to both a civil lawsuit and a criminal prosecution?

If I persuade you to lend me money by making a false statement or using a forged document, I believe that's a criminal offence (fraud).  But even if I am prosecuted and convicted for that, you can still sue me to recover any money you lost, which would be a civil lawsuit. 

If so, there are two reasons for not doing what the OP was talking about.  Apart from the moral reason, of course.

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[quote user="allanb"]I'm not a lawyer, but isn't it true that the same act can give rise to both a civil lawsuit and a criminal prosecution?

If I persuade you to lend me money by making a false statement or using a forged document, I believe that's a criminal offence (fraud).  But even if I am prosecuted and convicted for that, you can still sue me to recover any money you lost, which would be a civil lawsuit. 

If so, there are two reasons for not doing what the OP was talking about.  Apart from the moral reason, of course.
[/quote]

If someone obtains anything by deception (using a false ID to get a credit card eg.), then they would be prosecuted for that - I doubt that many (proportionally) do this, most being "criminal gangs".

As far as I am aware, there is no Theft Act offence of failing to repay a credit card. This is entirely a civil matter, so, I'm afraid to say Mel, you are miles off the mark. Yes, if the Police could prove that someone had taken out a credit card with the express intention of never repaying it, then they could do them for deception, but it isn't "theft". You are not likely to be summonsed for stealing a house if you fail to pay your mortgage, are you?

And, as I have said before, I believe that using the criminal law to persue a civil debt is an offence in itself.

IANAL! But I do have alot of experience with credit cards.....

 

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  • 2 weeks later...
  • 4 weeks later...
sorry to raise this again but how is it theft ??? i have had the cards for years now and always paid them , i made myself redundant and am moving to france thus my credit card insurance now kicks in ..........  also since looking into this matter the chances of the banks chasing me for a silly sum of 6-7 thousand are so slim , in their own words not worth our while chasing you to recover such a small amount !! as long as i dont use these cards again i have not commited any offence at all , i am even in the clear to use my other cards in france as long as i pay every month . Many thanks for all your replys including the ones that really dont have a clue what they were talking about and maybe had to many glasses of you know what !!!
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I guess you could do it here in France as well then. Apply for as many credit cards as you can get, max them out and do a runner. Move on to Germany and so on. This must be a wind up or a troll,  if not what a prat.

By the way, it is interesting how banks nowadays communicate with each other and work together to find criminals that commit these sorts of acts. But do let us know how you get on.

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[quote user="La Roche"]guess i feel kinda cheeky or a cheap skate for asking this but thought it was worth asking the  question anyway .......... OK if you had 8000 pounds worth of debt on your credit cards in the UK and want to walk away can the card comanys  chase you for this money in France ?? yes i know my morals say i should pay them .........[/quote]

 

You are displaying an absence of morals!

If your morals said you should pay them, you wouldn't have started this thread!

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i do not intend to pay them in any shape or form , although i will keep the money set aside if there is a knock on the door . untill such times the money is staying in my account you can keep your morals and i will keep my money !!
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[quote user="Mel "]

Being given too much change is theft if the person receiving the money realises it. Then, having realised it, at the moment he/she decides to keep the money when they had an opportunity to give it back, it becomes theft. The intention occurs when that decision is made and the definition of theft thus becomes satisfied.

However, the issue is not whether it is theft, it is proving the person is guilty that is the problem. There has to be evidence of intent and who is going to admit that?

Mel

[/quote]

Miles off the mark, Nick? No! The scenario I refer to above is the one that I said satisfies the legal definition of 'theft' and that remains the case.

Mel

 

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[quote user="La Roche"] you can keep your morals and i will keep my money !![/quote]

Ahh. But it's not your money really is it? You spent their money when you used the card - now it is up to you to repay the temporary loan they kindly let you have.

Sue 

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I think this is all a wind up.

In an earlier post La Roach, oops sorry La Roche, said:

[quote user="La Roche"]I only asked this question because i spoke to someone last month who told me they had never paid back their credit card companys and seemed proud to boast about it and had got away with it for over 3 years . If i was going to do such an act trust me it would have to be more than a crummy 8,000 pounds  . NO i would not feel guilty either as these people make billions , if on the other hand it was a person , my heart would not allow me !!!  ( and i worked for a USA + French bank in the city for 11 years )[/quote]

Clearly indicating that he was talking about a 3rd party but now it's about himself.

Make your mind up.

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This thread was dead and buried three weeks ago, so why has the original poster suddenly come back now and resurrected it - with the same question he asked before?

He claims that he worked in banking in the City for eleven years, so he should be familiar with the position regarding non payment of debts.....[8-)]

 

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