Debts over Six years old

Tootsie_Roll

user051105 wrote:

I have not paid or acknowledged these debts

Wow - amazing ! How have you managed to avoid being prosecuted for fraud ?

If you have not paid for 6 years + and have not acknowledged the debt in that time either there is little they can do to enforce the debt now - you do still owe it though and they can ask you to pay it.

asandwhen

Tootsie_Roll wrote:

Wow - amazing ! How have you managed to avoid being prosecuted for fraud ?

If you have not paid for 6 years + and have not acknowledged the debt in that time either there is little they can do to enforce the debt now - you do still owe it though and they can ask you to pay it.

Its not a criminal offence not to be able to afford your debts I would suggest that this is how the op managed to avoid being prosecuted for fraud.

Tootsie_Roll

asandwhen wrote:

Its not a criminal offence not to be able to afford your debts I would suggest that this is how the op managed to avoid being prosecuted for fraud.

Sorry, you have missed the point. If you never (ever) make payments to a loan then you are effectively obtaining money by deceipt and can be prosecuted.

Toto

I think the poster means he hasn't paid or acknowledged the debt since the default.

mattp_3

hi

this might be useful - i think you are looking for info about "Statue Barred" debts....
http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php

Cheers
Matt

Tootsie_Roll

Toto wrote:

I think the poster means he hasn't paid or acknowledged the debt since the default.

Well I specificaly asked twice when he made his last payment and user051105 replied twice that he/she has never paid.

asandwhen

Tootsie_Roll wrote:

Sorry, you have missed the point. If you never (ever) make payments to a loan then you are effectively obtaining money by deceipt and can be prosecuted.

I would suggest that this would be very difficult to prove in a court of law that the op took out this loan with no intention of paying it back infact I would say imposible - The op would just have to say "I planned to pay this back" and the onus is on the prosecution to prove that this was not the case - I can tell you it would get kicked out of court every time.

Tootsie_Roll

asandwhen wrote:

I would suggest that this would be very difficult to prove in a court of law that the op took out this loan with no intention of paying it back infact I would say imposible - The op would just have to say "I planned to pay this back" and the onus is on the prosecution to prove that this was not the case - I can tell you it would get kicked out of court every time.

Not difficult to prove at all - if you do it then it's fraud simple, saying I planned to pay it back might work if you can demonstrate some intent but only then. I have instigated legal action against someone for this - what's your experience ?

asandwhen

No previous dealings with such situations but have extensive knowledge of the criminal justice system - especially in criminal law.

asandwhen

the intent to defraud has to be proved by the prosecution not the intent not to defraud by the defendant if that makes sence lol.