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Legal matters

What are ramifications of posing as member of prof. body

3 replies

annoyednow · 11/09/2012 10:48

I have posted this in property, but am interested in legal perspective.

To continue with this saga (sorry, yawn, I know) but as stated, neighbours have appealed their refusal of planning decision.

Their agent still states that party wall in not so despite further contacts with our chartered surveyor. One thing that is bothering me is in relation to a visit I made to the local authority to view the file. When the planner referred to our surveyor as a party wall surveyor, I said he was a frics (as I know anyone without any qualification can call themselves a party wall surveyor). The planner said they (the inspectorate) would see that from his heading anyway. I then looked at the heading of next doors design agent/party wall surveyor. He had the logo of a professional organization and on his website claimed to be a member of this.

The difference from his professionalism and the professional body's status seemed vast so I rang them to see if he was a member. He is not. He was previously a technician member and they said as such was never entitled to use the logo. Even this technician membership has now lapsed. They rang him to tell him he is not entitled to use it.

My concern is the documents sent by him with this professional heading crest which is on file and current with the appeals inspectorate will give him a credibility which he does not have. This is not unfounded as the council's planner referred to my frics agent's heading.

What should I do or should I so anything to let the appeals inspectorate know that appellant's agent is posing as a professional?

It is a householder appeal, so I/or council do not have any right to comment.

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vigglewiggle · 11/09/2012 10:56

From a criminal point of view, I would say that if he has obtained a financial advantage as a result of lying about his qualifications then he could be guilty of fraud. There was an old offence of 'obtaining a pecuniary advantage by deception' which has been absorbed into the Fraud Act 2006.

I don't know however whether it would invalidate his input entirely, but it would certainly discredit him.

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annoyednow · 11/09/2012 11:15

Thanks viggle. Yes, it does discredit him. Not the fact that he is not entitled to use this professional tag. But that he is not entitled to but falsely posed as someone who did. I wonder if advertising your services to clients as something they aren't is obtaining financial advantage by deception?

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Lonecatwithkitten · 11/09/2012 15:45

My professional body persuses criminal convictions for fraud in this situation. In recent years individauls have been imprisioned. It is up to the professional body hoe actively they persue it as the crime is againist them.

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