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| T O P I C R E V I E W |
| sott1967 |
Posted - 25 February 2009 : 10:11:31
Hi all,
I have the forms and its now final decision time for me, firstly i would like to thank evryone on here for all your comments and help to get me to this point.
Before i finally do it or not if people are familiar with my story you will know most of my debt has been aquired 35k from my gambling problem and most of it within last couple of months with cash advances from credit cards upto 8k and then lost in bookies (crazy i know)attending GA regular now. i have made only one or two payment on credit cards which are fairly new.
Could i just ask the experts one final question before i decide, i am fully aware i will receive a bru/bro but i have two children and would like to know how likely considering my circumstances is it the credit card companies will actually prosecute me on top of bankruptcy, bru/bro because i think that would be awful. Could someone please give me an indication of how often these companies do actually prosecute because stories seem to vary so much. I recently read of a young man being prosecuted for running up 8k on his mothers credit card and yet on the insolvency website people seem to have done much worse and not been prosecuted.
Please give me your best guess/opinion regarding my situation in terms of prosecution or not.
Thanks
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| 9 L A T E S T R E P L I E S (Newest First) |
| sott1967 |
Posted - 25 February 2009 : 14:12:20
No the local paper is not my issue, i just dont want her being told of everything along the way and i wanted to know how likely this is ? |
| leahk |
Posted - 25 February 2009 : 14:01:47
I don't think its possible. I know for sure that in our area it definately goes in the local paper, we don't have enough news otherwise. But it will be tomorrows chip paper and if people haven't got enough going on in their own lives, then they are the sad ones.
Good Luck |
| sott1967 |
Posted - 25 February 2009 : 13:20:47
Oh,
I was fairly hopeful everything would be strictly confidential and she would not be contacted at all except on the equity issue and even that i could provide solicitors letters etc from deed transfer to her and her new partner with outstanding mortgage proof so i hoped the OR would have no reason to contact her at all was that just wishful thinking on my part dont want my washing aired in public etc. I know of course later details will be posted on insolvecy website and maybe in local press, but trust me she would spread the word quicker than any newspaper could.
What do you all think how do i ensure she gets to know NOTHING.
Thanks |
| John |
Posted - 25 February 2009 : 12:01:53
Hi
make it clear to the OR, although this should not be necessary, that whilst you appreciate that contact with your wife is probable, no details of the debts themselves should be made known.
They are usually discreet.
John White
England Jackman & Spacey |
| sott1967 |
Posted - 25 February 2009 : 11:52:31
John,
Thanks as usual, could you just clear one other point up for me, i think you are familiarwith my "what a mess" story obviously i am not proud to say the least of my actions since my seperation from my wife re: gambling how likely is it that she would find out about it either from OR who will probably have to contact her i guess to look into any equity from our previous family home or indeed from any other source.
Thanks
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| xmas baby |
Posted - 25 February 2009 : 11:09:30
I am planning to petition for my bankruptcy next week and a lot of my debt is through gambling and withdrawing cash from my credit cards. I am well aware that it is likely i will receive a bru/bro, but the thought of being prosecuted for fraud now petrifies me. Like you, I have read a lot of the insolvency website restriction orders and although many people have gambling debts, I was not aware of any being prosecuted for fraud. Surely this only applies if you have used someone else's card and not one in your name?
Can any experts reassure both sott and myself please. This is worrying me now as I'm so close to going ahead with bankruptcy and I just want to start afresh.
Thanks
xmas baby |
| John |
Posted - 25 February 2009 : 11:05:22
Ho sott1967
Skippy is spot on re the other story, that's theft.
You will probably have read my posts stating to borrow with no intent or method of repayment is fraud. Technically it is.
The truth is that intent is an extremely difficult thing for the lender to prove. Clearly you were acting out of character which no doubt can be demonstrated by your previous good credit / bank acct record.
My guess is a large dose of finger wagging in your direction together with a lengthyish BRU.
A prosecution however is quite rare.
John White
England Jackman & Spacey |
| sott1967 |
Posted - 25 February 2009 : 10:41:40
Thanks skippy
Melanie,John,Paul, anyone else i would really value your input before i either petiton or not, basically if you deem prosecution from my creditors to be unlikely then i will definetly file however if it is possible/likely i will have to see if there is any other way although i cant imagine what
thanks |
| Skippy |
Posted - 25 February 2009 : 10:33:40
I would think the man who was prosecuted for the 8k was in trouble because it was his mother's credit card, as that would be viewed as fraud as it wasn't his card.
Personally I haven't read any stories about people being prosecuted, but hopefully the experts will be along shortly.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
20 IPA payments made, 16 to go - on the home straight! |
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