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indy2005
Junior Member
458 Posts |
 Posted - 09 July 2008 : 18:32:55
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Hi,
Can you be done for perjury if you cant honestly remember where all your debts were incurred and so you had a best guess. Signing a form stating that you are committing perjury if you make false statements has me worried...but I cant honestly remember where all my debts were incurred...but I just put gambling down as I gambled 150K over the course of 6 months...and went BR for much less. I dont have statements going back 3 years, but all debts incurred within the last 2 years are gambling debts...but there may be some costs on there incurred prior to 2 years which I cant remember.
Regards
i |
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indy2005
Junior Member
458 Posts |
Posted - 09 July 2008 : 20:11:06
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...also my wife has handed me a letter about a bankcruptcy I am involved in from a company that went bust 9 years ago. I am due a grand total of £8...but forgot about this life changing amount and so didnt list it in the "does anyone owe you money" bit. Should I tell them about it now...or have I already set myself up for perjury by not listing it an signing it....I guess I am trying to understand if you can go the OR with additional information after the Interview without fear of ending up in Strangeways for not declaring it initially.
Little things are bothering me as well. I said in my SOA I hadnt lost any money to gambling for 2 years...but I am part of a work lottery which is deducted at source from my salary and is listed clear as day on the payslips I handed over as "lottery: £5". Strangeways? I assumed the question meant have any of the debts been incurred through gambling over the last two years...
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Edited by - indy2005 on 09 July 2008 20:13:49 |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 09 July 2008 : 20:22:12
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| I am slightly confused? in your first post you have stated that 150K of debt incurred over 6 months are gambling debts but then in the second post you state that in the SOA you have said no money lost due to gambling in the last 2 years? could you clarify as we are going BR and some recreational internet gambling activity will show up on our account (none in the last 6 months) we are stating it in the SOA. |
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 21:26:36
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Indy - you should inform the OR of any changes in circumstances that you have remembered since filling in your application. This is unlikely to cross perjury law, unless you originally failed to disclose things deliberately.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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indy2005
Junior Member
458 Posts |
Posted - 09 July 2008 : 21:47:30
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quote:
Originally posted by rollercoaster
I am slightly confused? in your first post you have stated that 150K of debt incurred over 6 months are gambling debts but then in the second post you state that in the SOA you have said no money lost due to gambling in the last 2 years? could you clarify as we are going BR and some recreational internet gambling activity will show up on our account (none in the last 6 months) we are stating it in the SOA.
Blew 30K inheritance 2.5 years ago.
Blew 65K credit card gambling 2 years 2 months ago.
Cleared debts through remortgaging
Gambled again running up 65K again from April 06-May-06.
So 65K incurred last is what I am going BR for (although I have paid 10K off over the last 2 years so it is 55K)....and I can say I havent gambled for 2 years.
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indy2005
Junior Member
458 Posts |
Posted - 09 July 2008 : 21:53:10
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quote:
Originally posted by melanie_giles
Indy - you should inform the OR of any changes in circumstances that you have remembered since filling in your application. This is unlikely to cross perjury law, unless you originally failed to disclose things deliberately.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
So I guess perjury would be if you intentionally mislead or lied to your own advantage. So if it was a genuine omission/mistake its not a problem. For example, I cant imagine the OR taking me to court because I forgot to declare £8....just out of principle.
Also...6K of my debt may have been from a car purchase 3 years ago which we sold (and spent) 18 months ago. I just put all my debts down to gambling because that is what I believed. It is only looking through my gambling account records today (on-line....first time in two years I have logged in) I realised that no payments into my account from one particular card I have listed as gambling debts can be seen. I havent lied, and I am not hiding a car on the drive (its gone, sold and spent 18 months ago).
Not sure whether I should volunteer this now or just forget it as the OR may not go back 3 years. I have been advised by one of the experts here to only offer additional information if asked, as it was a genuine mistake and you completed the forms to the best of your ability at the time.
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 22:08:00
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A genuine mistake is one thing, but witholding information when you realise that you have made a mistake is another. And at the end of the day if you are owed £8k but have not disclosed this, then you are not complying with your duties to co-operate with the OR.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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John
New Member
United Kingdom
73 Posts |
Posted - 09 July 2008 : 22:12:04
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Hi again Melanie
Indy has not disclosed £8 according to his post, not £8K as you have said. |
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 22:15:30
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Oops - sorry! It's getting late!
Clearly this is not therefore material, and the OR is likely to have any interest in such a small issue.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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indy2005
Junior Member
458 Posts |
Posted - 09 July 2008 : 22:24:32
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quote:
Originally posted by melanie_giles
Oops - sorry! It's getting late!
Clearly this is not therefore material, and the OR is likely to have any interest in such a small issue.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
Its not the 8 quid I am worried about, its the fact I may have got it wrong how some of the debts were incurred....I had assumed it was all gambling.
Whats got me to this point is the OR asked me if I had any spreadbetting statements and I said no...I only had some credit card statements. Tonight I dared to log on to my spreadbetting account and ran some reports....and I didn't see one of the credit cards I listed as gambling debt in the list of payments in 2005/2006.
My wife remembered I bought a Vectra from Carcraft on the Visa card in 2005, which we sold when we were skint in 2006 (and lived off the money). So I made a mistake...but dont know whether to just keep quiet. Its not as if coming clean will change anything, the car isnt on the drive. |
Edited by - indy2005 on 09 July 2008 22:31:14 |
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 22:49:18
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You are going to continue to worry about this, so if I were you I would pen a letter to the OR confirming all of the areas which you feel that you did not properly explain. This is not grounds to be hauled over the coals for perjury, but simply a genuine mistake which you are now looking to rectify.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 10 July 2008 : 09:32:49
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Hi indy
I would always say honesty is the best policy. If the OR comes accross any information in any way that blows your story or makes them a little suspicious they will look deeper. The fact that you didn't offer that information may look as if you are trying to conceal it and make them even more suspicious of what you have been up to.
The OR will often receive information from 3rd parties which will trigger an investigation. Whether you want to risk being found out or come clean is a personal choice you have to make.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 10 July 2008 : 13:21:37
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Hi Indy,
I would like to echo what the others have said. If you remember now some detail that you forgot at the time, let the OR know immediately. Perjury is providing evidence to the best of your knowledge. Given the stress and pressure people are pre-BR, it is inevitable that one or two details may be missed. Talk to the OR!!!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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indy2005
Junior Member
458 Posts |
Posted - 10 July 2008 : 19:45:17
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quote:
Originally posted by JulianDonnelly
Hi Indy,
I would like to echo what the others have said. If you remember now some detail that you forgot at the time, let the OR know immediately. Perjury is providing evidence to the best of your knowledge. Given the stress and pressure people are pre-BR, it is inevitable that one or two details may be missed. Talk to the OR!!!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
The OR asked me if I had any spreadbetting statements, and I said I didnt. That prompted me to log on for the first time in 2 years to see if I could run any reports which I could. It was when looking through these I realised that one of the cards I had listed wasnt on any the transcactions into the account.
The Visa card must be from a car I bought 2.5-3 years ago. We sold the car about 18 months ago...and lived off the money, we were gifted a car from my wifes mum after my wifes dad died.
I am happy to speak to the OR about it, but am worried they will then chase me for the car. I transferred ownership to my wife and she sold it to her sister and then gave me the use of her dads car. My concern is they will put the transaction to one side and ask my wife for the money. I was able to complete the SOA honestly because it only asked if I had transferred a vehicle in the last 12 months, but am concerned now that they will see me covering up the debt being incurred for a car purchase as an attempt to hide this transfer...
And could I check your statement Julian...Perjury is providing evidence to the best of your knowledge...do you mean NOT to the best of your knowledge. |
Edited by - indy2005 on 10 July 2008 19:53:04 |
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melanie_giles
Senior Member
1191 Posts |
Posted - 10 July 2008 : 21:11:44
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I don't think that there will be an issue with the car, Indy, as you have explained the nature of the transaction and it did happen quite a while ago.
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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indy2005
Junior Member
458 Posts |
Posted - 10 July 2008 : 21:38:19
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quote:
Originally posted by melanie_giles
I don't think that there will be an issue with the car, Indy, as you have explained the nature of the transaction and it did happen quite a while ago.
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
Thanks. Dont forget my examiner seems rather ruthless. I begged him not to contact work and he is going to anyway. |
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Perjury....
