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 bankruptcy postbag for july
 Perjury....

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T O P I C    R E V I E W
indy2005 Posted - 09 July 2008 : 18:32:55
Hi,

Can you be done for perjury if you cant honestly remember where all your debts were incurred and so you had a best guess. Signing a form stating that you are committing perjury if you make false statements has me worried...but I cant honestly remember where all my debts were incurred...but I just put gambling down as I gambled 150K over the course of 6 months...and went BR for much less. I dont have statements going back 3 years, but all debts incurred within the last 2 years are gambling debts...but there may be some costs on there incurred prior to 2 years which I cant remember.

Regards

i
15   L A T E S T    R E P L I E S    (Newest First)
indy2005 Posted - 11 July 2008 : 19:03:29
Well I wrote to the examiner today because I had to send off some HMRC forms. In the letter I stated that the gambling statements I said I didnt have I could get on-line. I then provided my gambling account number in case they need to contact them directly. I stated that in looking through the 2006 statements I couldnt see any transactions from a Visa card which i had listed as a gambling debt. I said that this Visa transaction was likely to be a car purchased in 2005 which was sold in 2006 when we received a use of my wifes late fathers car. I apologised for the genuine mistake.

I feel better, but hope I haven't opened a can of worms.

i
JulianDonnelly Posted - 11 July 2008 : 11:11:42
Hi Indy,

I would suggest talking to Brett England of England, Jackman & Sapcey who does excellent work in this area, as does Paul Johns of Reviva. Links to their websites are on the experts page.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
melanie_giles Posted - 10 July 2008 : 22:10:00
They might just take more notice of you Indy, if they see that you are prepared to take the matter seriously by engaging a professional. It is just a thought.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
indy2005 Posted - 10 July 2008 : 22:04:56
quote:
Originally posted by melanie_giles

Why don't you see if Julian or any other of the bankruptcy specialists who post on this site could have a work with your examiner for you.

Also, I would not worry too much about work knowing that you are bankrupt. Presumably you work for a large compaby with a remote payroll function. It won't be the first or the last time those anonymous wages clerks have details of an employee's bankruptcy to deal with.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com



Hi,

How would that work...someone talking to my examiner on my behalf? And what would it look like compared to me just coming clean in a letter.
melanie_giles Posted - 10 July 2008 : 21:40:25
Why don't you see if Julian or any other of the bankruptcy specialists who post on this site could have a work with your examiner for you.

Also, I would not worry too much about work knowing that you are bankrupt. Presumably you work for a large compaby with a remote payroll function. It won't be the first or the last time those anonymous wages clerks have details of an employee's bankruptcy to deal with.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
indy2005 Posted - 10 July 2008 : 21:38:19
quote:
Originally posted by melanie_giles

I don't think that there will be an issue with the car, Indy, as you have explained the nature of the transaction and it did happen quite a while ago.

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com



Thanks. Dont forget my examiner seems rather ruthless. I begged him not to contact work and he is going to anyway.
melanie_giles Posted - 10 July 2008 : 21:11:44
I don't think that there will be an issue with the car, Indy, as you have explained the nature of the transaction and it did happen quite a while ago.

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
indy2005 Posted - 10 July 2008 : 19:45:17
quote:
Originally posted by JulianDonnelly

Hi Indy,

I would like to echo what the others have said. If you remember now some detail that you forgot at the time, let the OR know immediately. Perjury is providing evidence to the best of your knowledge. Given the stress and pressure people are pre-BR, it is inevitable that one or two details may be missed. Talk to the OR!!!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk




The OR asked me if I had any spreadbetting statements, and I said I didnt. That prompted me to log on for the first time in 2 years to see if I could run any reports which I could. It was when looking through these I realised that one of the cards I had listed wasnt on any the transcactions into the account.

The Visa card must be from a car I bought 2.5-3 years ago. We sold the car about 18 months ago...and lived off the money, we were gifted a car from my wifes mum after my wifes dad died.

I am happy to speak to the OR about it, but am worried they will then chase me for the car. I transferred ownership to my wife and she sold it to her sister and then gave me the use of her dads car. My concern is they will put the transaction to one side and ask my wife for the money. I was able to complete the SOA honestly because it only asked if I had transferred a vehicle in the last 12 months, but am concerned now that they will see me covering up the debt being incurred for a car purchase as an attempt to hide this transfer...

And could I check your statement Julian...Perjury is providing evidence to the best of your knowledge...do you mean NOT to the best of your knowledge.
JulianDonnelly Posted - 10 July 2008 : 13:21:37
Hi Indy,

I would like to echo what the others have said. If you remember now some detail that you forgot at the time, let the OR know immediately. Perjury is providing evidence to the best of your knowledge. Given the stress and pressure people are pre-BR, it is inevitable that one or two details may be missed. Talk to the OR!!!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Suzanne Posted - 10 July 2008 : 09:32:49
Hi indy

I would always say honesty is the best policy. If the OR comes accross any information in any way that blows your story or makes them a little suspicious they will look deeper. The fact that you didn't offer that information may look as if you are trying to conceal it and make them even more suspicious of what you have been up to.

The OR will often receive information from 3rd parties which will trigger an investigation. Whether you want to risk being found out or come clean is a personal choice you have to make.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
melanie_giles Posted - 09 July 2008 : 22:49:18
You are going to continue to worry about this, so if I were you I would pen a letter to the OR confirming all of the areas which you feel that you did not properly explain. This is not grounds to be hauled over the coals for perjury, but simply a genuine mistake which you are now looking to rectify.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
indy2005 Posted - 09 July 2008 : 22:24:32
quote:
Originally posted by melanie_giles

Oops - sorry! It's getting late!

Clearly this is not therefore material, and the OR is likely to have any interest in such a small issue.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com



Its not the 8 quid I am worried about, its the fact I may have got it wrong how some of the debts were incurred....I had assumed it was all gambling.

Whats got me to this point is the OR asked me if I had any spreadbetting statements and I said no...I only had some credit card statements. Tonight I dared to log on to my spreadbetting account and ran some reports....and I didn't see one of the credit cards I listed as gambling debt in the list of payments in 2005/2006.

My wife remembered I bought a Vectra from Carcraft on the Visa card in 2005, which we sold when we were skint in 2006 (and lived off the money). So I made a mistake...but dont know whether to just keep quiet. Its not as if coming clean will change anything, the car isnt on the drive.
melanie_giles Posted - 09 July 2008 : 22:15:30
Oops - sorry! It's getting late!

Clearly this is not therefore material, and the OR is likely to have any interest in such a small issue.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
John Posted - 09 July 2008 : 22:12:04
Hi again Melanie
Indy has not disclosed £8 according to his post, not £8K as you have said.
melanie_giles Posted - 09 July 2008 : 22:08:00
A genuine mistake is one thing, but witholding information when you realise that you have made a mistake is another. And at the end of the day if you are owed £8k but have not disclosed this, then you are not complying with your duties to co-operate with the OR.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com

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