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Fraud

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(@silverfish)
Active Member
Joined: 13 years ago
Posts: 13
Topic starter  

Can anyone tell me that if a person applies and is granted a protected trust deed, but they lie on the form, by saying they live as a single person (ie. not in a relationship/marriage) with their elderly mother in a rented council flat, when in fact they live with their wife in a mortgaged property at another address, is this considered fraud? I assume they would do it to protect the equity in the marital home? How can someone get away with this and why are trustees not more vigilent? Surely, they would be found out?

Silver Fish


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Silverfish

Yes, it would be classed as providing false information to gain protected status.

Normally a trustee would uncover this.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@silverfish)
Active Member
Joined: 13 years ago
Posts: 13
Topic starter  

The trustee has not discovered this after some time. Does this make the mother and wife accessories to a crime?

Silver Fish


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

We're not legally trained silverfish, so the answer would have to come from others.

Whichever way you look at it it's certainly quite wrong.

Do you have a particular concern about this situation?

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


   
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(@silverfish)
Active Member
Joined: 13 years ago
Posts: 13
Topic starter  

I really object to swindlers and people who do things illegally, wen honesty is truly the best policy. I know of someone who is doing this, and it makes me mad, as my wife tried to obtain a trust deed the honest way and was refused. It seems u need to be crooked to obtain things in thus life!

Silver Fish


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi again silverfish.

I'm not sure how strongly you feel about this, but you have to option to make the trustee aware if you wish to.

Their details will be listed alongside the name of the person you know (and their given address) in the Edinburgh Gazette, which you can access online.

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


   
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(@silverfish)
Active Member
Joined: 13 years ago
Posts: 13
Topic starter  

If I write to the trustee to inform them of this, what will happen? Do I need to leave my name etc? If it is anonymous, they may not investigate. What do u think I should do? What would others do?

Silver Fish


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi silverfish.

An attributable letter would probably carry more weight than an anonymous one, but I'm sure a trustee would feel they should look into this sort of thing if it landed on their desk.

Whether you should do it... a very personal decision for you.

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


   
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(@lucalondon)
Active Member
Joined: 13 years ago
Posts: 5
 

Mmmmmmm....good luck making that decision. I would
Need to feel very Very strong about the morality or lack of to
Go and mess someone's life up / send to prison.

Good fortune silver fish


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

get details from the accountant in bankruptcy website and contact their trustee,how do you know they are in a trust deed?

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Firstly, check the insolvency register to make sure they are in a trust deed. The trustee may apply for their sequestration, as they have not disclosed all necessary information re assets. It is more than likely that they could then have a Bankruptcy Restriction Order imposed on them, which means their discharge could be delayed from anything from 2-15 years!!!

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


   
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(@candlewick)
Reputable Member
Joined: 13 years ago
Posts: 309
 

I think a BRO can only happen if the person is bankrupt - not for a trust deed.

Is telling lies to the trustee in a trust deed an offence punishable by a fine or imprisonment? Or is that just bankruptcy? Not that there seem to be many people imprisoned for bankruptcy offences... If any.

I think that there's a bit of scaremongering coming from lucalondon on this one, tbh.

As for 'messing up someone's life', I think that lying to a trustee is a pretty big step towards messing up your own life. Putting the blame on the person who says 'J'accuse' rather than on the person who told the lie seems to be missing the point. And, in my view, it's simply a form of emotional blackmail.

silverfish, it's entirely up to you whether or not you report this information to the person's trustee. It's not an easy decision, so make that decision based on what is right and important for you.

Good luck.


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Yes you are right candlewick, that is why I said the trustee make choose to sequestrate them, so they can then apply for a restriction order. People do not go to prison for lying in their trust deed. The trustee does however have the right to refuse/delay discharge - until he is entirely happy that all assets have been realised.
The decision is upto you silverfish, just be sure of your facts first.

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


   
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(@silverfish)
Active Member
Joined: 13 years ago
Posts: 13
Topic starter  

I am sure of my facts, I know this person and they told me of their trust deed, I saw the entry in the Edinburgh Gazette and he has put down his mothers address when I know for sure he lives elsewhere. I don't know what if anything I will do, but thank u all for ur contributions to my question. I agree with candlewick that they have messed up their own life, if caught. Honesty is the best policy in something as serious as this. If people want to lie, after they have been thrown a life line, then they deserve all they get.

Silver Fish


   
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(@silverfish)
Active Member
Joined: 13 years ago
Posts: 13
Topic starter  

Just a thought, the mother has obviously agreed to her son using her address, so in a way she has aided him in his "crime", can anything happen to her? And at the same time, the wife is fully aware of what he has done, so that makes her involved too. I presume they have done it because they want to protect their equity, as the mother lives in a rented council house?

Silver Fish


   
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