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Trolly-Dolly
Average Member
591 Posts |
 Posted - 12 July 2008 : 19:57:12
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I'm scared about this.
We took out several credit cards whilst I was about to have a baby and go on maternity pay for a year. I knew that I would be arning £112 pw but still gave my full time salary on the application. When the OR contacts my creditors will they look at the original application and call it fraud?
I'm not returning to work full-time but part-time now, will they force me to go full-time?
Will they punish me with a BRU/BRO for borrowing money that I could not pay back?
In all honesty, I thought I could pay it back and did want to return FT. I only took out the last two credit cards in desperation because we could not afford to live. The statements show what we spent on, and its just, travelcards, petrol, shopping (food) and bills.
Help? Stressful day and feeling a little panicked. Can't go running tonight as injured.
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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John
New Member
United Kingdom
73 Posts |
Posted - 13 July 2008 : 09:24:55
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Hi drowning mummy
Firstly, technically when you applied for the cards you were pre maternity pay and, presumably, you stated your true income.
So no problem there. However, as you say you were aware that this would not continue and that your income would reduce. Your post says that, in all honesty, you believed you could pay the card payments despite this.That's in your favour too. The schedule of these events will have an impact on how the examiner views this.
Exactly when did you take out the cards?
When was the little one born?
When did you become Bankrupt?
No one can force you into working full time.
Re the BRU/BRO, this depends on how the examiner sees it and my questions above will provide details for the examiner to consider..
Fraudulent? I don't think so as you have stated there was no intent.
Reckless? Maybe, but you were planning to return to work full time.
All you have described is exactly the format the majority follow before realising they have stretched themselves too far.
As you say, the cards were used for every day things to survive, also in your favour.
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Trolly-Dolly
Average Member
591 Posts |
Posted - 13 July 2008 : 22:28:38
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Thank you Assist. I am suddenly very scared as never thought of this. Cant remember how many weeks I was when cards taken out, but I know that some were taken out after baby was born. I figured that I was declaring my salary at that time and therefore was doing no harm. Now on reflection, it is clear that whilst on stat mat pay this was impossible, and also on reflection if we had gone down the IVA route o my wage this too would have been inadequate.
I honestly feel like I have not been 100% with our creditors now. I mean, I have not fleeced them (I still had £2000 in credit on catalogues to spend when we made the decision to go BR), but I actually feel fraudulent! I also honestly thought that we would pay back every penny, even if it meant a few white lies (ie stat mat pay) to get there.
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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melanie_giles
Senior Member
1191 Posts |
Posted - 13 July 2008 : 22:31:58
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In my experience, I don't think the OR will bat an eyelid at your actions to be honest. It is always easy to look back and judge that some of our actions were unwise, but they were not done with the intent to defraud and in the great big scheme of things are probably not that material either.
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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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
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| bankruptcyhelp.org.uk Forum |
© bankruptcyhelp |
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Is this fraud?
