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Comments

  • DON79
    DON79 Posts: 3,842 Forumite
    Hi t0mm

    your cause of BR stmt looks ok to me and it is good that you have been honest about the gambling but be prepared for the OR to want to know more about it. try if you can to prepare a more detailed cause of BR stmt just for yourself so that you can refer to it in the OR interview if need be in case he asks an unexpected question. But if you can't remember then just tell the OR that too.

    I have three versions so far of my cause of BR stmt - long, medium and short! I used the short for the forms but am going to keep the long one with me for the OR interview as it has more dates on it for when things actually happened.
    BSC #215/No.1 Jan 09 Club
  • DON79
    DON79 Posts: 3,842 Forumite
    So for people like MJC that do this, the worst they get is a BRO or BRU? it doesn't seem right that they receive so little punishment, does it not amount to defrauding the OR and thus getting criminal charges for fraud?
    BSC #215/No.1 Jan 09 Club
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Hi. :)

    Would people mind not posting details of individual cases (or links to them) from the Individual Insolvency Register or the Bankruptcy Restrictions search.

    Thanks.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • t0mm
    t0mm Posts: 61 Forumite

    Thanks for posting that link Max. Looking at some of the cases on there, some people have been only given a 2 year BRU for doing stuff that is far worse than I have (i.e: having spent £20,000+ in a year, gambled lots, been dishonest with OR etc)...

    Looking at the evidence on there, I would feel hard done by if I got a BRU/O of much more than 2 or 3 years, despite my admitted gambling etc.

    Could someone advise me whether or not it is possible to appeal against the length of a BRU/O, if it was to come to that?

    Thanks to everyone for your advice, it has been invaluable :)
    Made Bankrupt (debt free!) 26th January 2009 - 2:17pm

    If my post helped you, let me know by clicking the "thanks" button below!
  • DON79
    DON79 Posts: 3,842 Forumite
    a bankruptcy restriction undertaking is something you can (I think) voluntarily agree to. an order is just that, an order made by the OR. but I am not sure whether you can appeal it or not? Hopefully another member may know. It might be possible through the courts if you think you have been unfairly treated and then the OR would have to explain to a judge why they felt a BRO was necessary in the circumstances and see if the judge upheld their decision or not.
    BSC #215/No.1 Jan 09 Club
  • LilyBart
    LilyBart Posts: 1,171 Forumite
    So is it like IPA versus IPO? I mean, are you encouraged to sign a BRU and, if you refuse and a judge doesn't see eye to eye with you, you then end up with a BRO? Apologies for hijacking in a self-interested fashion. My OR said they were not recommending a BRO for me, but I've since been passed to an Insolvency Practitioner and who knows whether they might use a BRO as a stick for beating me with?
    Lily
    ps Haven't gambled, but it could be argued I took out credit with no prospect of repaying it. I mean, I thought I had a prospect but they might disagree.
  • Hi tOmm, re the gambling.....

    I'm similar to you with about 30/40% of debt due to gambling. Here's my plan....
    First of all you need a few CLEAN statements ie: with no gambling transactions on em, so you can tell the OR that you've stopped or that you've stopped gambling with CREDIT.
    Then when the OR wants you to explain it, tell him you tried to do it as a BUISNESS to try and earn extra income, rather than let him think you are just a hopeless, degenerate gambler. If he thinks you are addicted he will probably give you a long BRO...to try and help YOU!!!

    Just a few tactics for anyone worried about gambling debts

    Good luck.....Slay
  • dalip
    dalip Posts: 7,045 Forumite
    Slay

    Do you really think the OR has not heard all that before:rolleyes: .

    Good luck with your plan, hope it does not come back and bite you on the bum.Dx
    Free impartial debt advice available from: National Debtline - Tel: 0808 808 4000 | The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 | Find your local Citizens Advice Bureau
    Laugh at yourself and others laugh with you.Laugh at others and you laugh alone. BSC No 107:D
  • LilyBart
    LilyBart Posts: 1,171 Forumite
    Only the world's top poker players would regard gambling as a business. I'm sure it's better to be honest, admit a mistake and demonstrate that it's a problem you're trying to address.
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