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T O P I C    R E V I E W
jane.m Posted - 27 August 2008 : 14:07:33
Hi

Can you go to prison if you have said you earn more than you actually do or is this more likely to end up in a bro.

many thanks
14   L A T E S T    R E P L I E S    (Newest First)
Needafriend Posted - 27 August 2008 : 17:53:05
Hi DM,

Just thinking how did your hearing go. :)

JO

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

You can read my blog here:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/2008/08/24/my-debt-free-future/
Trolly-Dolly Posted - 27 August 2008 : 17:39:25
Do you think for a £3k debt they will look at ours Julian. I know its only an opinion but your opinion matters....

You can read my blog here;

http://drowningmummy.blogs.iva.co.uk/
JulianDonnelly Posted - 27 August 2008 : 17:20:33
Hi Jane,

Apologies as I think that may have added some extra confusion! Rather than make matters worse, suffice it to say that in your case, it is highly unlikely that your application form will not be looked at.

As DM says, most people tend to be a bit optimistic and bend the truth slightly on application forms, so please don't worry!

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
Trolly-Dolly Posted - 27 August 2008 : 17:05:31
This is coming up alot isnt it?
Seems lots of us told 'white lies' on application forms. We never over-inflated our incomes but did say that hubby had been at job longer than he had. Not much we can do now. ITS in the OR hands.

You can read my blog here;

http://drowningmummy.blogs.iva.co.uk/
jane.m Posted - 27 August 2008 : 16:45:21
Hi Julian

Sorry to be a pain can you explain what the statue of limitations is and what it means.

Many thanks

Jane
JulianDonnelly Posted - 27 August 2008 : 15:30:47
Hi Jane,

The statute of limitations on unsecured debt is 6 years. It does vary from creditor to creditor, but it is highly unlikely the application will be looked at irrespective of it's age (unless a court orders it's production for a criminal fraud prosecution).

You have 28 days from the issue of a CCJ to comply before the creditor can go back to court and get a warrant of execution to get the bailiffs in.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
jane.m Posted - 27 August 2008 : 15:26:39
hi julian

thanks again for your quick reply am i right in thinking that if a credit agreement is 5 years or over this would not be looked at.

with regards to an earlier post can i just clarify that a baliff can only come to your house once you have defaulted on a ccj.

thanks

Jane
JulianDonnelly Posted - 27 August 2008 : 15:23:03
Hi Jane,

It is standard practice for creditors to review DMP arrangements every 6 months. It is highly unlikely they'll ever refer to the original application.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
jane.m Posted - 27 August 2008 : 15:19:17
HI JULIAN

THANKS YOU FOR QUICK REPLY I WAS SPEAKING TO THE CREDIT CARD COMPANY THIS MORNING WITH REGARDS TO THE PAYMENTS I AM MAKING TOO THEM WHICH THEY ARE HAPPY ABOUT AND SAID THAT THE ORIGINAL AGREEMENT IS NOW VOID AS I HAVE DEFAULTED ON THE AGREEMENT. IF THIS IS THE CASE WOULD THEY STILL BE ABLE TO REFER BACK TO IT IF THEY WANT TO GO ANY FURTHER. WE WERE IN EMPLOYMENT AT THE TIME AND IT ASKED FOR A HOUSEHOLD INCOME NOT AN INIDIVIDUAL ONE AND YOU HAD TO TICK WHICH EVER SALARY RELATED TO YOUR INCOME.

THANKS

JANE
JulianDonnelly Posted - 27 August 2008 : 15:13:23
Hi Jane,

If the agreement was 4 years ago, I wouldn't be too concerned. As long as you were in employment at the time, you should be fine.

The OR does not have any interest in your secured borrowing, but will look at any equity you may have in your assets.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
jane.m Posted - 27 August 2008 : 14:33:17
Hi Julian

Sorry i forgot to mention that it is a credit card application. The reason we are in our current state is that my husband lost his job and is now in a lower paid job but before that I think we were living beyond our means but coping.

many thanks

Jane
jane.m Posted - 27 August 2008 : 14:25:13
HI Julian

I can't recall whether I did or not but the agreement was taken out 4 years ago and the ammount I currently owe on it is £4220 which I am paying to them by a dmp which they said the original agreement is now gone and they are working on 6 monthly reviews.

The or does not have any interst in secured borrowings ie the mortgage am I right about that.

Many thanks

Jane
JulianDonnelly Posted - 27 August 2008 : 14:20:59
Hi Jane,

It very much depends on how much you claimed to earn. How much did you inflate your earnings by?

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
Needafriend Posted - 27 August 2008 : 14:19:06
Hi Jane, this question is coming up a lot at the moment.

Im going to just say that like most we had credit where we were slightly over the mark with how much we earnt and also when they did the remortgage it was adjusted by them i may add.

I dont know about the Prison bit, it would have to look really sus for the OR to really delve into your past.

Im not worried as i know i have done nothing different to anyone else in the same situation.

May be Julian or one of the others can shed a bit more light but as far as im concerned i can see people panicking and i think it may not come to that.

If this is the case then I too along with my OH, my Mum and Dad, my in laws etc etc will all be off to prison.......

Jo

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

You can read my blog here:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/2008/08/24/my-debt-free-future/

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