Borrowing before en...
 
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Borrowing before entering a trust deed.

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(@lewdboy)
Active Member
Joined: 12 years ago
Posts: 7
Topic starter  

I think it's madness for someone to believe that this activity doesn't frequently go on in the real world. It is common knowledge that people "cash-out" all their savings in the bank and over-spend on the credit cards shortly or otherwise before entering insolvency.

Forgive me for simply asking where the line may be drawn or best strategies for playing the system. There may be few who dare ask, but there will be many who wish to know the answer.



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

I'm not sure whether you're correct Lewdboy. Even if there are a lot of people looking for that information they're not going to get it here.

The overwhelming number of people that we speak to are entirely honest and decent. Many feel awful about not being able to repay what they have borrowed but have come to accept the reality of the situation over time.

Debt advisers help people who cannot pay, not those that will not.

I do recognise that you are worried about your position and that this must be extremely stressful for you. I just hope that you don't make things worse for yourself through decisions that you later regret.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@lewdboy)
Active Member
Joined: 12 years ago
Posts: 7
Topic starter  

I have borrowed nothing. I am being sued over a personal transaction that i do not have the £0000's to defend in court, and once a decree is issued, i will be 25,000 jimmies in the red. A transaction that i am innocent of any wrongdoing but the onus, in this case, is for me to prove my innocence, not the other way round as you would expect.

I suppose you'd have me leave the few grand savings i have in the bank and pay off all my credit cards then? Any other tips to make sure my creditors get all their money back as swiftly and easily as possible? After all, they are the most important people here...

If i'm going down the insolvency route, i will damn well make it as difficult as possible for them. As i have already explained, this is personal.



   
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(@jintymcskinty)
Estimable Member
Joined: 14 years ago
Posts: 110
 

Couldn't you use your good credit to pay a lawyer to fight the case for you instead of this?



   
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(@thinkingofthefuture)
Trusted Member
Joined: 13 years ago
Posts: 58
 

Hi Lewdboy

Why make a bad situation potentially worse? If you think things are bolad now....just think about the consequences should this approach go pear-shaped. 2 wrongs don't make a right.

I'm sure there is a lawful way forward for you. Get some advice, weigh up the lawful options and make your play from there.

Peace of mind and a clear conscience is worth more to me than money ever will. Don't get sucked into games that run a risk. You seem like a genuine person who finds themselves on the harsh end of an issue. Don't lower your standards as a result. You are bigger and better than this.


xxx


   
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(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

quote:


Originally posted by Lewdboy

No this is not a joke and your reply is less than helpful. There is a clear reason i ask these questions on an internet forum as i am unlikely to get a face-to-face answer from any reputable practitioner.


I think you must be looking for a 'fraud deed' forum.

You're looking for a step-to-step guide on how to commit fraud and get away with it.

And you want it in writing, on a reputable public forum! [:o)]

Normally, at this point, I'd say "You couldn't make it up!" ...



   
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(@bert-rudge)
Eminent Member
Joined: 14 years ago
Posts: 40
 

From the information you have given us in your first post, you would not get a 25k loan. That's probably what will save you from prison.

Concentrate on your case, the pursuer has to prove their case. Your defeat is not a foregone conclusion.

Don't hate the other person, don't think you've lost. Love yourself and fight for yourself. Whatever happens you'll come through it a better person and it will eventually work for you. The other person will not prosper from it. One day, you'll look back and be glad you did the right thing.

I've got a friend (of a friend) who was in a similar situation. He wanders about telling folk how she ruined his life. She's married, great job, kid and having a ball.

I know it seems tough just now and you can panic when faced with something like this. Many faced similar numbers when they came here and subsequently did the right thing.

If, and I really hope you don't, you do lose their may be a sequestration route then and a route back via the proper legal method.

Best of luck.



   
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Rob Hardie
(@rob-hardie)
Estimable Member
Joined: 13 years ago
Posts: 196
 

Any reasonable trustee would have a field day if appointed in your case. The legal tools available to a trustee in these circumstances are extremely vast. From criminal reporting to legal action ensuring that the lasting effects of your actions would be long lasting. How does a 10 year restriction order sound? Or perhaps a suspected offences report to the authorities? It that doesn't worry you then there is the serious organised crime report. Offences punishable with imprisonment in some instances. So make the most of the credit should you decide to take it as its likely to be the last you shall ever be fortunate enough to acquire. Also a future bank account pretty much out of the question. That's unless you fancy changing your name and defrauding someone else? A trust deed or sequestration should never be taken lightly!


Rob is not currently posting in the Trust-Deed.co.uk forum.


   
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(@colski)
Estimable Member
Joined: 13 years ago
Posts: 166
 

Wow It's worrying even from a simple moral point of view that you would look to deal with the issue of the money you are being sued for by taking credit out which you clearly are intent on playing nothing or as little as possible towards. Then factor in the legal questions these actions would do and I think you will find yourself in a VERY dangerous place.

If you are being sued and you know it's wrong and you and in the right then get a lawyer to defend you. Most will also seek there expenses from the other part if the case is won. If you're not willing to do this then then it makes myself question wither the you are at fault in the process somehow hence the other party being successful in their claim.

Creditors are not stupid and people dealing with TD's or Sequestration (is that the right word?) are just as switched on to this. If you intend to commit FRAUD (let's not kid ourselves about what you are proposing here It's fraud end of story!) then you run the risk of being found out and heavily penalised. Potential even including jail time depending on the viewed severity of the matter by the didactical system. This does happen to people doing this all the time!

Having a financial background I know some of the details of what goes on in a fraud department and can assure you that if you hammer credit for paying a fine (which most lenders will not give you credit for anyway so you have to commit fraud to obtain funding in the first place by saying its for something else) and then months or longer down the line you move towards a TD especially when there is not pressure being seem on your finances they will fully investigate the matter with all the repercussions that carries.

You have already stated that your income is 1600 a month with 1000 on paper outgoings. That's 600 left over. Surly if you are made to pay a fine of £25k then you can use part of these funds to manage the debt in a payment plan. The court is likely to agree to this if you ask them!


Half way already!


   
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