Is This Really Fraud?

Question

I applied for a job, off a website called Gumtree, as a driver for an American Businessman, it was a temporary position for just 8 weeks.

The guy emailed me and said I had got the job and he would send me my first weeks wages, by way of cheque, to show they where serious.

I recieved the cheque, and then the guy emailed me and said I need to send £700 of the £900 he sent me, to Luton (UK) in order to pay for the hire car. I did this once the cheque had cleared. A few days ago I was arrested by the Police on suspition of fraud, as it now appears that the cheque was a copy, a fake, a counterfeit and I have since been charged and have a date to appear in court.

I explained to the police what happened, they said they believed me, but said also I must fight it out in court.

Am I a fraudster, or simply an innocent vicitm?

I feel let down by our Police/Judicial System.

Answer 1

have you got your self a solicitor/lawyer as this is who would really beable to help you  

Answer 2

That sounds terrible. Looks like you were a bit of a patsy. Sorry, mate.

Answer 3

You are an innocent victim, how could you know he was a fraud?

I wish you the best of luck, I hope everything will be cleared and the real frauds will be punished.  

Answer 4

You are the victim of a scam - this has been going around for some time in various guises - everyone should already be aware of it but obviously not in this case.

Rule of thumb - you get nothing for nothing - if it seems to good to be true - treat with caution - NO ONE - pays you up front in advance like this.

You'll just have to state your case and hope you are believed

Answer 5

Sounds like a weird money-laundering kind of scam.  I've not heard of this one before but I suppose they're always thinking of new ways to catch people out!

You aren't part of the fraud, you have the email (you still have the email??) and also the job was on Gumtree so explain all that and you'll be fine.  

Answer 6

You have been had good style. If th epolice believe you i do not see why you have been charged. I hope you have proper legal advice because it is obvious you need it  

Answer 7

you are guilty of nothing, the first rule of guilt in the UK is intention can they prove your intentions where to defraud the bank of money, no.

as you did net get any of the money it will be hard to prove you acted with intent, you was just a unwilling accomplice in a scam.

i think you will find as the case draws near your charges will be dropped.

best of luck

pps) what happened to the other £200 did you spend it ????

Answer 8

You are the innocent victim, this scam is an old one, I heard of it when people buy your car off the internet, they send you a cheque for more than you want for the car, then they say when the cheque has cleared, you send them the balance back by way of your personal cheque.

The cheque can clear through your account ok but it can take a while longer than that for the actual owner of the cheque to realise the money has been taken out of their account, thats when they find out you have cashed it in your account.

Answer 9

How come the bank cashed a fraudulent chq , if there is blame it seems to be theirs , I hope you still have the email your only proof of innocence . The police do not make decisions on anything they only carry out orders .

Answer 10

First i must say nice photo of you, second well i cannot understand how you were charged with fraud when you never made the fake cheque, surely the bank should have refused to cash it but having said that nothing surprises me about fraud charges the law is complicated, see you about sometime, in my dreams.

Answer 11

you have been scammed haven't you mate.

I can't believe the police are pressing charges. are they not trying to trace this bloke?

hope it all goes well for you

Tracey x*x

Answer 12

Its not for the police to make the decision whether you are guilty or innocent which is why you will have to go to court.  Clearly you are innocent and I am sure that's what will emerge at court.  Don't feel let down, they are just doing their job.  I am sure you have nothing to fear and no dubt you can prove everything you say.  Good luck.

Answer 13

Reading your question I get the impression that you declined legal representation when you were arrested.

If you did, THAT IS A HUGE MISTAKE! Get yourself a solicitor at once. It shouldn't cost you a penny, legal aid will take care of it.

You can not rely on the police treating you fairly or seeking justice on your behalf. From your post they have a fraudulent cheque, you admitted you paid it into your account and then drew out the cash. You told them it was someone else's scam, they patted you on the shoulder and said, 'of course it is, I believe you.' Except that they have no interest in tracing the 'someone else' and are determined to see you in court. I read that as being for them, case closed, guilty as h**l.

And if you go to court unrepresented you will be crucified.

Do you know that those actually working in the profession refer to it as the British Injustice System?

Answer 14

This is not fraud you will be found not guilty.