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 bankruptcy postbag for july
 Tell them or wait to be asked

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indy2005 Posted - 27 July 2008 : 11:09:52
Hi,

I won a works lottery last year (10K), in August. It went on a few holidays and largely stuff around the house (new bathroom, new setee). As an ex gambler I gave it to my wife to manage the payments to whoever. The money is gone, I never declared it any where and I never had any statements from the account the money initially was deposited in.

Since my accounts have been seized I have received a full 12 months statement from the savings acount showing the 10K in and going out in large chunks to my wife as she needed to pay for stuff.

Do I send this new statement to them and risk some awkward questions...or wait until asked? They will see from my other barclays accounts lots of transactions labelled "lottery" so I am sure they will ask about it anyway.

Regards

i
5   L A T E S T    R E P L I E S    (Newest First)
indy2005 Posted - 27 July 2008 : 17:30:57
THanks,

The only sticky wicket is the fact the declaration of trust for the house transfer to my wife states that I withdrew 65K out of the house at a time when I was entitled to only 57K.

It doesnt say anywhere "so I owed my wife money", and in fact I never owed my wife the excess I took out, but they could interpret the transfer of the lottery money to my wife as a preferntial payment to make up this 8k difference 2 years ag when I took more equity out than I was entitled to. This isnt the case of course...but you know how these things can be worked.

then again...I am a pessimist and a worrier, but think I do have a right to be worried. A great event in the last 12 months could turn out to be a disaster.
John Posted - 27 July 2008 : 14:12:13
As you have made no attempt to hide the fact that the savings account existed then I can't see how the information from the newly arrived statements would affect your case. The OR, I have no doubt, will already have copies that he will have requested in the absence of any being available at the time of your hearing.
As much of the debt appears to be gambling related then I'm afraid there's a good chance of a BRU/BRO but the statements may not necessarily add any weight one way or the other.
As far as the funds themselves, the OR can't have back what is spent. You gave the money to your wife to reduce the possibility of it being gambled away, and for the most part it appears to have been put to good use during a time when BR was not a threat.
I wouldn't worry any further on this point.

Assisting where I can.
indy2005 Posted - 27 July 2008 : 13:31:00
I did declare it, but had no statements to hand over to the OR as I never received any.

I have mentioned this before on this thread...my big concern is how they view this. We spent it from August to Feb...liveing expenses, new electricity meter, furniture, bathroom stuff and eurodisney.

I dont mind getting a BRO, but we would be in big touble if they ask for the money back from my wife.

I would add we werent considering BR until a week before we did it. The decision to go BR was when we wrote to the creditors offering a full and final and they refused and they also refused to freeze interest/charges. It wasnt as if we spent the 10K knowing we were going bump....but they dont know that.
John Posted - 27 July 2008 : 12:37:32
Hi again
I should have asked, did you disclose the existence of the savings account within your submitted Statement of Affairs?

Assisting where I can.
John Posted - 27 July 2008 : 12:19:50
Hi
the lottery monies are already "visible" to the OR via the Barclays statements. Therefore, if they're interested, you'll likely be asked anyway.
I would hang onto the statements for now and see what happens.
It should also be a consideration that if you have received the 12 months of statements from your savings account out of the blue, you may well have received them as a result of the OR having requested the same, i.e. the OR may already have the same copy statements.

Assisting where I can.

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