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> The key problem is that it is a civil matter.

No. The criminal matter, as alleged, is that someone scammed the buyer, the solicitors and the Land Registry into believing that they are who they were not. That is not a civil matter, it is I believe fraud.

If a bloke sells their house, but then gets cold feet, or not happy with the compensation that is a civil matter. This is not what is alleged.




Yes, it is unclear why the police told him it was civil since fraud is "misrepresentation for a gain", which the fraudulent seller presumably did.

Maybe the argument is that without proof that the fraudulent seller made a gain, it is merely a Tort and not Fraud?


> it is unclear why the police told him it was civil

It's just typical first level support. Police didn't see any obvious simple solution and wanted the issue out of their hair so they said the thing which usually gets the issue out of their hair. The person persisted and escalated the issue higher. (for example to the news papers.) And now "The BBC put Mr Hall in touch with Bedfordshire Police's fraud squad, which has begun an investigation."


Because there are three parties, and only one of them committed a crime. The one who currently has the house and the one who lost the house have not -- their dispute is civil. The criminal was long gone by the time the police arrived.


They're referring to the parties at the house when the police were called. By all official accounts the house had been sold and the police couldn't find anyone to arrest.


I suspect the average PC called out to an argument between two seemingly innocent parties about ownership is going to want to get as far away from it as possible...


> The criminal matter, as alleged, is that someone scammed the buyer, the solicitors and the Land Registry

Did you notice who you didn't list there?

The home owner.

The criminal issue doesn't involve him!


> The criminal issue doesn't involve him!

Of course it does. If it is as alleged, then the home owner and the new "owner" is equally victims of the crime.


Maybe you know more about law in the UK than I, but I believe the criminal issue is between HM's Land Registry and the person who sold it, and there is only a civil issue between the rightful owner and anyone.


Criminal law in England and Wales is between the Crown (represented by a prosecutor, often but not always an arm of the state) and the alleged criminal. So the question 'who is the technical victim' isn't usually very interesting. The three salient questions here are:

1) Has the person committed an offence (probably yes: fraud by false representation, contrary to s.2 Fraud Act 2006);

2) Is there a reasonable prospect of conviction? (Who knows: will depend on the evidence); and

3) Is it in the public interest to prosecute? (Almost certainly yes).

'Who has been defrauded' doesn't even matter for establishing (1), only that the fraudster intended to make a gain for himself or a loss for someone else by making a false representation (in this case that he was the owner of the house). So in this case it really is a bit crappy from the police: if a fraud has been committed it doesn't in principle matter who complains about it, they should investigate (or at least register the crime) anyway.




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