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| T O P I C R E V I E W |
| prestonguy |
Posted - 15 June 2012 : 19:29:06
Hi all,
I have a very complex situation regarding the application of a BRO for 12 years in May 2005 after I had become discharged from my bankruptcy from April 2004-May 2004.
I cleared approx £60k of unsecured debt including student loans (which at the time were eligible for clearing). I also waiting until 2004 when the law changed regarding the inclusion of gambling debts as most of mine were.
During my bankruptcy I committed a robbery and fraud via deception, obtaining loans in my peoples names. I was sentenced in March 2005 to 4 years for the robbery and 2 x 1 years for the obtaining loans by deception. I was released Feb 2007 on parole.
During my imprisonment I received a letter from the receiver saying they were seeking to impose a 12 year BRO because of my conduct during bankruptcy. I argued this on two fronts. Firstly I was unable to defend or appear in court as it was a civil matter and prison law doesn't allow for the transportation in civil matters. I was also unable to seek any advice from any legal body and effectively the receiver would win the case.
My second arguement which I put in writing to the county court judge in blackpool was that as I had already been sentenced for the criminal issue of loan fraud (in other peoples names) how could the justifacation from the receiver be that the BRO was to "protect" future creditors when I did absolutely nothing to further destroy my own credit profile. I took loans out in other peoples names, effecting theirs and was criminally punished.
Upon release I attempted to appeal via seeking legal aid for the option to do so. The legal aid was rejected on the basis that the case had too little chance of success. What I do not understand is that if the BRO was given unfairly, however unlikely it will be removed, surely I have some form of "human right" for a fair hearing, so this shouldn't matter.
If anybody can help with this I would be amazed as the closest I have come is being told if I want a QC to look at it I would have to pay which is clearly not feasible.
So as it stands I have a BRO attached to my name til May 2017. Clearly this affects my credit as I have only been able to acquire a cash card and basic current account since 2007. Will it ever improve with this on my name or not?
I was told it lists as a "live credit issue" is this true?
Any help would be greatly appreciated as I am now being punished for this years later when I would like to get my life back on track and develop a credit file for mortgage and other necessary products.
kind regards
Paul |
| 2 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 17 June 2012 : 00:51:41
well, i cant give you a direct answer as this is just far to complicated to answer from the scant details available but hopefully i can give a few generalities that may help.
First is that i am not sure what you would actually be appealing, you would need to appeal on an actual point of law not just that you feel it harsh or that you think it restricts you or affects you negatively as after all that is the point.
Next is that BRO's are civil bankruptcy proceedings for commiting a bankruptcy offence they are not necessarily contected to a criminal offence so one action does not preclucde the other and a single action on your part could be an offence under both regimes and action can be taken under each set of rules for the same initial action.
Therefore you cannot appeal simply on the basis that you have already been punished with criminal proceedings, you would have to show some fault in the reasoning of the BRO itself.
15 years is the maximum and the top section is reserved to those cases where the conduct is deliberate, cynical and fraudulent so i think you have to look at your own conduct and think about how serious you think your actions were.
There may be cause to say that you were unable to defend yourself but again you need to think that if you had been able to what would you have said in your defence and how do you think that would have changed the judges decision, ie what do you think it is about your conduct that has not been taken into account
Hope that helps |
| Viki.W |
Posted - 16 June 2012 : 17:25:58
Hi Paul,
I can't advise you, sorry. Please wait for debtinfo who may be able to help.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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