Bankruptcy - what If I was not honest on my loan application
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hcg0706
Posts: 5 Forumite
I am going bankrupt. I have several personal loans. However, when I applied for some loans, I did not disclose all details of my other loans/credit cards as requested by the lender. I succefully got the loans without being asked to verify them.
If I am going bankrupt, will the official receiver/lenders sue me for dishonesty? Are there any legal consequences?
If I am going bankrupt, will the official receiver/lenders sue me for dishonesty? Are there any legal consequences?
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Comments
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When you phoned up for advice did you mention missing out certain details to the other lenders?BR 4/10/07
ED 11/04/08
BSC Member No 930 -
I am going bankrupt. I have several personal loans. However, when I applied for some loans, I did not disclose all details of my other loans/credit cards as requested by the lender. I succefully got the loans without being asked to verify them.
If I am going bankrupt, will the official receiver/lenders sue me for dishonesty? Are there any legal consequences?
I would have thought when you applied for the loan you would be credit checked and the would be lender would see other financial commitments you have.
No know it will be hard but I feel you should be honest with the official receiver.0 -
The lenders concerned may complain to the OR who would then investigate your affairs in more detail. But I think you would be looking at a BRU/BRO rather than then being sued.0
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Im sorry not sure about this one but im sure lots of people will be able to help you soon.
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Ok, please bare in mind that what i am about to say is the worst case scenario and depends entirely on the circumstances of the case, who said what, when, why and who if anybody has been harmed.
But, the OR can do 3 things
1. Nothing, if they feel that no one has really been harmed or its out of their juristiction or it is legaly barred in some way (ie by time)
2. They could apply for a BRO/U which in a sence continues some of the bankruptcy restrictions for between 2 and 15 years. This if taken forward would be because usually that you took credit when you had no prospect of repaying
3. Additionally to the BRO/U and for a different reason, that being that the same action broke some criminal laws such as fraud or theft then they could pass you forward for prosecution which in the extreme examples can result in custodial sentences
This is as i say the extreme far end of what can happen but you did ask. For instance i have ssen custodial sentences for people lying about income to obtain mortgages, but the amounts were very high and numerousHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0 -
Debtinfo
Always full of good advice, i was wondering and maybe others have thought of this. If you go onto the insolvency webpage and look at what people that got BRO/BRUS for, could you tell me if any of those people would have been prosecuted or sent to prison? I dont know the answer to this so maybe you do? Would you have had to do something in the £100,000's to warrant this as i still worry over things that im told not to, especially as my BR date is further away than i hoped.
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I know of one case at the office that I worked at that was referred for prosecution, and that was in a 2 year period - so it is very rare.0
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Thanks jcs1
Do you mind me asking what the person had done wrong?0
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