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 potential to be prosecuted for fraud?
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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 30 August 2008 :  19:31:29  Show Profile  Reply with Quote
to re-iterate a previous post:
with regard to credit prior to BR, i have used me cards this month to purchase mobile phones (i trade on ebay,2nd job), i was in hospital at the beginning of the week with pancreatitis (sic) and the doctor told me i had to quit my secong job (ebay) as i was to have no stress, this income paid my CC debts and as i mentioned earlier i will now have to seriously consider BRcould i be prosecuted for fraud?will a BRO be more likely and how long will it last
as i stated i was not aware i was hospital bound.
thanks for all your time, i am eternally gratefull.

BankruptC
Senior Member



1030 Posts

Posted - 30 August 2008 :  19:35:19  Show Profile  Reply with Quote
Hi andrew,

I'm a little cofused-maybe it's bankruptcy forum overkill (teehee). Which bit exactly do you think could be considered as fraud?

CG. x
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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 30 August 2008 :  19:40:59  Show Profile  Reply with Quote
possibly, the use of cards in the month leading up to BR
overkill, pah!
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BankruptC
Senior Member



1030 Posts

Posted - 30 August 2008 :  19:44:23  Show Profile  Reply with Quote
Haha I LIVE on this site!!

OK, so are you planning to rack up more credit on your cards the month before BR? Can't you avoid it at all? And if not, can you put your BR off for a few months?

Sorry for all the questions-it seems I may have nipped to get a drink or something (how dare I?!! ) and missed this part of your story.

CG. x
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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 30 August 2008 :  19:48:28  Show Profile  Reply with Quote
not really as i didnt expect bankruptcy, worse case was an IVA as i could always fall back on my ebay sales, i decided not to risk my health though, the cards have already been used.
ps i need a dring but not allowed
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BankruptC
Senior Member



1030 Posts

Posted - 30 August 2008 :  19:55:23  Show Profile  Reply with Quote
OK if the cards have already been used, can't you put off BR for a few months (or was that what the 'not really' was for?) If you can't, then (again only from what I've read), you could be looking at a BRU/BRO for 'taking out credit with no real prospect of repayment'. How much we are talking, and what percentage of your debt it is, would also have a bearing on the length of time and the seriousness of the 'misconduct'.

As always, I'm only going off what I've learned/read etc and I know an expert will put me right if I'm wrong!

CG. x

PS. It's only blackcurrant I'm drinking, so nothing exciting. About to have a curry though!

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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 30 August 2008 :  19:58:08  Show Profile  Reply with Quote
about £3K with a total of £74k debt, i guess i was trying to trade my way out of the brown stuff, as yes have never missed a single payment in 12 years on the CC
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 30 August 2008 :  20:00:14  Show Profile  Reply with Quote
Hi CG and Andrew

I have just come back on, been out with the kids. Anyhow i know im classed as an expert but like you i understand some and from what Andrew has said it seems like that would be the worse case scenario.
If there is no way round it then like you have pointed out then the OR will look into a BRU/BRO, the time is dependent on what the OR thinks the severity of the case is.
Circumstances have meant andrew has had no choice and as long as he is honest with them and explains what happened then if he is given a BRU then it could be a bit less for being honest and cooperating.
Whilst we know taking credit just before BR is not a good idea, obviously a lot of people do it without realising and at the end of the day we all have to live. This can be quite complicated at the best of times and it was not till i found this site that things started to come into their own. I know i have not taken any credit since January and went BR in August but i do understand how worrying this is to think that threw no fault of your own, that you may have dug the hole deeper without realising it.
Hope this has helped a bit.
JO

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/

Edited by - Needafriend on 30 August 2008 20:03:49
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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 30 August 2008 :  20:01:39  Show Profile  Reply with Quote
hi JO,
if you get a BRU does that mean no borrowing for the rest of your days or is it until you get discharged from it?
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BankruptC
Senior Member



1030 Posts

Posted - 30 August 2008 :  20:02:18  Show Profile  Reply with Quote
I would say it's minimal in the grand scheme of your debt and wouldn't expect too much-maybe a minimal BRU? And yeah, a BRU just means you can't get credit for more than £500 (and some other restrictions eg employment restrictions) for the duration of the BRU/BRO.

But as I keep saying, please don't quote me, I don't really know much-just what I've read.

Have a look on www.insolvency.gov.uk at the 'bankruptcy restriction search' and see what other people have got for similar levels of misconduct.

I personally think it'll reassure you.

I really hope so. Keep posting, we're here for you!

CG. x

Edited by - BankruptC on 30 August 2008 20:07:24
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 30 August 2008 :  20:07:07  Show Profile  Reply with Quote
Hi Andrew
The BRU is only in line for whatever the time imposed on you is. For example if you get 3 years but you get the BRU in month 6 of the BR, you would still get discharged at month 12 but for a further 30 months 2 1/2 years your still bound by no credit over £500 without informing them i think it is, certain jobs you cant have but thats it,
In a weird way bit a kind way its like having your wrists slapped and told that your not to get onto debt again and to be honest after going through this who would.
JO

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 30 August 2008 :  20:09:53  Show Profile  Reply with Quote


Yes Andrew the Insolvency site showing the BRU's and BRO's people have got are well lets just say what your telling us is peanuts compared to some on there.
So dont go worrying yourself over nothing if you get one its not as bad as you think. HONEST

JO

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 30 August 2008 :  22:30:43  Show Profile  Reply with Quote
thanks all,
what a lovely bunch you are xx
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BankruptC
Senior Member



1030 Posts

Posted - 30 August 2008 :  22:41:47  Show Profile  Reply with Quote
You're very welcome andrew. Hope you're feeling more reassured.

CG. x
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Ian Richards
Junior Member



United Kingdom
296 Posts

Posted - 31 August 2008 :  09:00:42  Show Profile  Reply with Quote
Hi Guys

Just to confirm that a BRU/BRO lengthens the time of the Bankrupts restrictions, so even though the Bankrupt gets his/her discharge the restrictions will stay exactly the same for the length of the BRU/BRO period. Many people have done the same as you and some didn't get a BRU/BRO so you may strike lucky, but i feel its probably the worse that you are going to get so not to worry.

If you are in need of any further help or assistance, please contact me regarding my services via email.
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andrew.m
Junior Member



United Kingdom
335 Posts

Posted - 31 August 2008 :  09:22:22  Show Profile  Reply with Quote
morning ian,
the statements i will be presenting will not show this month's expenditure as the new ones will be in after BR is declared, will that not get me off the hook?
also i do not keep my statements so will not have 12 months worth?
thanks
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