Experian and benefit fraud

[Nicholas Bohm]

 On 12/08/2010 10:29, Roland Perry wrote:
> In article <4C62D57C.2070809 at ernest.net>, Nicholas Bohm
> <nbohm at ernest.net> writes
>> the fact that you may owe a contractual duty of disclosure to a
>> lender is no justification in law for a third party breaking a duty of
>> confidence owed to you for the purpose of making the disclosure you
>> ought to make, since the third party is a stranger to the contract.
>
> It's been suggested (on another list) that its fraudulent to acquire
> loans that you wouldn't be entitled to if the lender knew your real
> circumstances, and as such might fall under the increasing web of
> anti-fraud provisions?

It's fraud to misrepresent facts, expressly or impliedly.  It's only
fraud to fail to fail to disclose facts where you are under a legal duty
to disclose them (contrast ss 2 and 3 of the Fraud Act 2006 -
www.legislation.gov.uk/ukpga/2006/35/crossheading/fraud).

So it probably becomes a question of whether applying for a loan aimed
at people in particular circumstances when they do not apply to you
amounts to a misrepresentation.  Usually the application form would put
the matter beyond doubt by requiring a representation about the relevant
facts, so it's a bit of an edge case where that elementary precaution is
omitted, and some red-faced bank is left trying to show an implied
representation.

(Sorry about late response.)

Nicholas
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