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 bankruptcy postbag for august
 when criminal matters have ceased ?

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m.b Posted - 26 August 2008 : 18:11:48
I am facing a prison sentence for stealing money whilst I was employed by Barclays Bank. The amount involved is approximately £180,000. I am subject to a restraint order whereby I cannot dispose of assets.

I am seperated from my husband and the only asset I have is the joint equity in our matrimonial house. I do not live there anymore, my husband resides there with our 11 year old daughter. I live with family and receive Incapacity Benefit of approx £90 per week. I have no other income.

Barclays Bank have instigated Civil Proceedings against me for an amount of £511,000 whereby they are charging £136 daily interest. I also have other debts to the value of £9000.

Whilst I can do nothing until criminal matters have ceased, what is your suggestion afterwards. By the way I am on good terms with my husband.

5   L A T E S T    R E P L I E S    (Newest First)
m.b Posted - 27 August 2008 : 22:41:07
Hi Julian,

The bank have instigated proceedings in the High Court. I do not see what the Bank are hoping to gain in their actions. The criminal action against me will result in my imprisonment and the forfeiture of all my assets. Can anyone explain why the bank would run this civil case in tandem with the criminal matter.

My husband is a retired Police Officer who has been both investigated and exonerated from this matter. He, like me does not understand what the bank hope to achieve. Perhaps someone knows better and can explain!
Suzanne Posted - 27 August 2008 : 13:40:50
Hi mb

I think the best thing to do is speak to an insolvency lawyer to find out what your position is in relation to the property. There are provisions in the Insolvency Rules that say that an obligation under a confiscation order is not discharged when you are discharged from bankruptcy.
However, it is a very complicated area of law and very much dependant on what the court concludes in your trial. You can declare bankruptcy from prison if that becomes necessary.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
JulianDonnelly Posted - 27 August 2008 : 13:04:24
Hi MB and welcome to the forum.

What are the nature of the proceedings being brought against you by the bank? By civil proceedings, do you mean a CCJ?

It is also worth noting that court fines are excluded from BR.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
m.b Posted - 26 August 2008 : 18:34:51
Hi, thank you for your response Jo. I have dug a hole for myself. I have never been in trouble with the Police before.

I am very sorry for what I have done. Unfortunately, these big numbers that the Bank are crunching represent 'false accounting' as appossed to theft!
Needafriend Posted - 26 August 2008 : 18:20:09
Hi MB and Welcome to the forum,

Oh wow thats a new one on me. I cant help you with that as i have never heard of this type of situation.
Hopefully one of the other experts can shed some light on this for you and see what options if any are there to help you.
Dont beat yourself up over it though, we are here to try and give you advice and get you over your worst times.
Take care
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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