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Penalties for False Claims

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(@krankie77)
New Member
Joined: 12 years ago
Posts: 2
Topic starter  

Does anyone know what the penalties are for acquiring a Trust Deed using a Scottish address, when actually living in England?


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

Hi krankie77.

Perhaps you could tell us a little more about the general circumstances?

It might help to provide you with a more useful answer.

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


   
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(@krankie77)
New Member
Joined: 12 years ago
Posts: 2
Topic starter  

If a person is an ex-resident of Scotland but has lived in England permanently for over 12 months, could they apply for a Trust Deed using the old Scottish address? Or does the person actually have to be a resident of Scotland t the time of application?


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

No, but any trust deed proposal is for the insolvency practitioner to investigate. The proposal is the individuals proposal and he/she makes a declaration that jurisdiction applies.

Mark

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

I'm not sure that the person would be subject to penalties as such, but presumably the protection of their trust deed would be invalidated if it was proven that they were not habitually resident in Scotland in the 12 months before signing.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


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

Whose address have you used?

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


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

The bottom line, like identification, is that the Trustee would need to satisfy himself that the residence issue was valid before taking on the appointment.

Mark

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


   
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