england-and-wales fraud
Is giving incorrect information to reduce an unenforceable &quot;debt&quot; fraudulent?
<p>In a scenario where party A has requested party B pay a sum of money, but party B believes (with good reason) that A has no legal way of enforcing this so-called debt, would it be considered fraud if B misrepresents his actions in order to persuade party A to reduce the total sum, for example by agreeing to perform work at an hourly rate counted against the sum, then claiming to have worked more hours than he actually did?</p>

<p>In England and Wales, Fraud by false representation s2 Fraud Act 2006:</p>

<blockquote>
  <p><strong>Fraud by false representation</strong></p>
  
  <p>(1) A person is in breach of this section if he— </p>
  
  <p>(a) dishonestly makes a false representation, and</p>
  
  <p>(b) intends, by making the representation— </p>
  
  <p>(i) to make a gain for himself or another, or</p>
  
  <p>(ii) to cause loss to another or to expose another to a risk of loss.</p>
  
  <p>(2) A representation is false if— </p>
  
  <p>(a) it is untrue or misleading, and </p>
  
  <p>(b) the person making it knows that it is, or might be, untrue or
  misleading.</p>
  
  <p>(3) “Representation” means any representation as to fact or
  law, including a representation as to the state of mind of— </p>
  
  <p>(a)the person making the representation, or (b) any other person. </p>
  
  <p>(4)A representation may be express or implied. </p>
  
  <p>(5) For the purposes of this section a representation may be regarded as made if it (or anything
  implying it) is submitted in any form to any system or device designed
  to receive, convey or respond to communications (with or without human
  intervention).</p>
</blockquote>

<p><a href="http://www.legislation.gov.uk/ukpga/2006/35/section/2" rel="nofollow noreferrer">http://www.legislation.gov.uk/ukpga/2006/35/section/2</a></p>

<p>I don't see an exemption or defence to the effect that the person B "believes (with good reason) that A has no legal way of enforcing this so-called debt".</p>

<p>If there is a claim of debt that isn't believed then it is the claim that must be challenged - the person should not misrepresent what remains to be paid.</p>

<p>If the debt is legally unenforceable what exactly is it?</p>
