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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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I have just been charged fraud by misrepresantion in

Customer Question

I have just been charged fraud by misrepresantion in relation to a mortgage that we was missold. The mortgage advisor new that i had insufficient income at the time and suggested mu mum went on the mortage with me on a repayment mortage. Througout emails i have clearly ask what is the difference with a buy to let which he did not reply. I have emails saying how long as i need to order my couch and get someone in my then address. At no point did i hide i was moving in. Later down the line i wanted to take money out which then i was advised that i cant as shouldnt be living in it and should take my name of the mortgage we tried to do this as advised in which we completed the forms does nay relative intend toi live in the house and stated yes again being honest to which they declined. I was then arrested nothing to do with company and the mortgage company have said its fine just change it over from Buy to Let. However the police have charged me of fraud by misrempresentation. Im guilty of
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello please post your full questions, it looks like it was cut short looking at the text posted so fare

Customer: replied 1 year ago.
being misrepresented but having intentianally committed fraud.
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
Given the information stated is this fraud? I have never intentially given any wrong information and always disclosed correct information throughout. I know i have been charged, if i was to get charged then what would be the possible outcome? The mortgage obtained was 100,000 with a 37,0000 deposit
Expert:  Jo C. replied 1 year ago.

So, in short, this is a buy to let mortgage and you are living there?

Customer: replied 1 year ago.
we went through a mortgage broker who gave this mortgage as we believed this was the best for us.. He knew i was going to be living in it and at no point through the application did he let me know I was not allowed. I have emails as proof where i am clearly discussing moving in and ordering furniture and asking what is a buy to let mortgage. I didn't know the difference and because it was a repayment mortgage didn't think anything of it as i believed the product was suitable for me because he was the professional and I paid for his service advised me of this was the best option .Only to hear a year down the line when i said i want to take some money out did he say i shouldn't be living there. At which point we attempted to take my name off the mortgage again of their advice and notified the company that a family relative (me) will live in the property whilst my mum would be the owner and which point they declined.
Customer: replied 1 year ago.
The mortgage company know I am living here and said its fine i just need to change to another mortgage. It is the police who are pursuing this due to a disliking of my partner
Customer: replied 1 year ago.
The mortgage will be change over this week as they have requested
Expert:  Jo C. replied 1 year ago.

Yes, but the mortgage application declared that you were not living there?

Customer: replied 1 year ago.
I don't know what the mortgage application states as we just signed the boxes and the mortgage advisor hasn't sent me a copy. However the i now know that the terms of any buy to let is not to live in the house. They have allowed me to continue living in it and just said change it over when you can no terms imposed. If the question is have we intentionally give false information then the answer is no and this is evident however is this still fraud? I received paperwork with highlighted stickers on where to sign and being naive and trusting signed of the advice that I had paid for through the broker
Expert:  Jo C. replied 1 year ago.

If the mortgage application that you signed says that you were not living in the property and that is not true then that is mortgage fraud.

I realise that you may have been given inaccurate advice but that is no defence if indeed you knew that the mortgage you sought was offered on the basis of a falsehood.

It is very surprising that they are interested in the matter though as in the late 90s almost everybody did this to achieve a mortgage. That was what caused the crash. I know too that there are some poor advisors around.

Sorry if that is bad news.

Can I clarify anything for you? Jo

Customer: replied 1 year ago.
I didn't know that's the problem i did not know that i was not aloud too live here until apx 18 months later. I thought it was fine as advised. My solicitors advised me that it will get kicked out at committal hearing as the emails validate i didn't know and the paper trail when proceeding to take me off the mortgage we completed the form stating that yes a family member (me) would live in the house so we never attempted to hide anything or be dishonest throughout the process. We just have been stuck in a mess because of this mortgage advisor, a very sickening situation to be in. Its frustrating as I emailed asking what the difference is with a buy to let and he never responded had he responded we wouldn't be in this mess as we wouldn't have taken the mortgage out. He had a duty of care to advise me correctly not let me take out a mortgage i cannot live in while i'm clearly ordering couches and putting people into my old address and at no point did he think the to tell me although it was the most vital piece of information i needed to have. All for his £500 broker fee :-(
Customer: replied 1 year ago.
I signed yes my point is i didn't know of any falsehood will this not be taken into account as i have the proof ?
Customer: replied 1 year ago.
As you have said it will be deemed as fraud....what are the possible outcomes , will i loose my house even though I will have a new mortgage?Thanks
Expert:  Jo C. replied 1 year ago.

Not if the mortgage contract that you signed asserted that you would not live there and it was your intention to do so. That is mortgage fraud.