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HELP!
Starting Member
2 Posts |
Posted - 27 August 2012 : 03:40:57
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please dont judge me i have made a huge!!!! mistake. i have been in trouble for fraud with my local council and job centre, i have a court date coming up in october, i owe approx £12,000 but i have to young children who need there mummy. i no this was my own fault but i really do not no what to do. i cannot go to prison my children need me. so what i really need to know is can i become bankrupt even though it is because of fraud? |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 27 August 2012 : 06:43:39
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Hi HELP,
I'm sorry you're having to go through this, have visited the CAB for legal advise?
No, you can't declare bankruptcy for fraud debts unfortunately.
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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debtinfo
forum expert
2826 Posts |
Posted - 27 August 2012 : 07:28:17
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as viki says ou cannot include fraud debts in a bankruptcy, however there is s afairly narrow definition of debts that are classed as fraud so if you can give a description of the circumstances leading up to the debt and why you think it is fraudulent then perhaps we can advise further, has there been a case in court, have you been interviewed under caution etc etc |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 31 August 2012 : 16:50:42
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Hi Help
i think that the great thing about this forum is that people do not judge you, they try to offer practical help.
as others have said the fraud debts cannot be included in BR. the exact circumstances may have to be shared for exact advice ( or speak privatly to one of the experts)
The best step is to obtain proffesional legal advice as it appears the matter is being dealt with at magistrates court. (you may qualify for legal aid) from what you have said it may be difficult to defend your situation but a good lawyer will present mitigating circumstances, they will then help you arrange a repayment structure based on your circumstances. prison is an option available to the courts (sorry) but it is the last resort again a lawyer presenting a mitigating case will help reduce the chances of this
You have a court date and it is the local council and benefits agency so that kind of directs what may have happened.
although you have a court case against you the local council still have a duty of care to look afte the best interests of you and your children.
your previous (hopefully good) behaviour will also be brought to the attention of the court.
Good Luck Richard,
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