Husband facing custodial sentence - what about debts?

tinkerbell28 · 7 June 2013 at 11:36AM

suburbanwifey wrote: »

The drunk I mentioned, they were told to expect a custodial sentence by the judge in the hearing, they got a suspended when it all occurred. They were told to expect and it didn't happen, you are wrong. Depends on the crime etc. but if he'd committed murder he'd be looking at more than 6 years anyway, so as you don't know the crime, maybe you should stop scare mongering?

You've missed the point. They were told to EXPECT a sentence. That means they thought they would get a sentence. That is not a cast iron declaration as obviously there was a chance the would "get off" and did.

That is entirely different to being told, as ops husband was, he would DEFINITELY get a sentence. He has been told for definite he will go down. Some crimes would make this inevitable, so they would use this word. A solicitor would not say that if they were not sure.

Oh and op...LISTEN TO DOGGER. His last sentence is very important. Take legal advice.

suburbanwifey · 7 June 2013 at 11:37AM

ilikenoodles wrote: »

I genuinely don't think he did it trying to be sneaky - he did it to pay off his and my credit cards and to get our joint account out of the overdraft we seemed to be forever stuck in. He said he wanted to do this to make it easier for me whilst he's in prison, so I don't have to keep on paying minimum CC charges and getting nowhere with it.

What he failed to think of was how I will be able to pay £87 a month to repay the loan; I recently lost my job and, although I'm actively seeking employment every day, I can't say with absolute certainty that I'll find anything very soon. Having said that, I do have an interview on Monday - with a debt management company of all places (!).

I don't mind paying the loan off whilst he's away if I'm able, but I'm mainly just worried about what could happen to myself - as his wife - should I not be able to make each payment.

To the posters who have advised not to pay a penny - this is all a little confusing for me. Would he then be in a worse off position upon his release? It smells a bit morally fishy for me not to at least try to make the payments. I'd feel a bit naughty just cancelling the DD and ignoring it.

Naughty maybe but survival is the key to your life alone for the next 6 years possibly. At the moment you don't have a job, you need to look after number one as he won't be there to take care of you. Don't worry about naughty, worry about what legally you can do to protect yourself and your situation. Unless you paid every payment he owed every month whilst he is away, he will default anyway and his credit line will be trashed. Why struggle to pay his debt when he will be defaulting anyway? the result is the same for him when he gets out. Think about it, do what is best for you, he's done what he can for you to give you a start.

suburbanwifey · 7 June 2013 at 11:39AM

tinkerbell28 wrote: »

You've missed the point. They were told to EXPECT a sentence. That means they thought they would get a sentence. That is not a cast iron declaration as obviously there was a chance the would "get off" and did.

That is entirely different to being told, as ops husband was, he would DEFINITELY get a sentence. He has been told for definite he will go down. Some crimes would make this inevitable, so they would use this word. A solicitor would not say that if they were not sure.

Oh and op...LISTEN TO DOGGER. His last sentence is very important. Take legal advice.

I totally agree, it seems he will get a custodial but his defence on taking the loan would be that a sentence hadn't been passed so I would assume he has not committed fraud on that basis.

zzzLazyDaisy · 7 June 2013 at 11:47AM

suburbanwifey wrote: »

I totally agree, it seems he will get a custodial but his defence on taking the loan would be that a sentence hadn't been passed so I would assume he has not committed fraud on that basis.

I doubt he has committed fraud and even if he has, I doubt the lender will pursue that. It isn't worth their while for such a (comparatively) small amount. They will just go down the normal default procedure, and in any case there is no need for the lender to even know he is in prison. If I was OP, I would take him off the electoral roll, and mark all correspondence 'no longer at this address' (that isn't legal advice either, but it is definitely what I would do, and is totally true).

tinkerbell28 · 7 June 2013 at 11:47AM

I don't think that wifey. I think op needs proper legal advice. At the end of the day, if you were to take out several thousand in loans. Then a week later went bankrupt. You'd face severe legal repercussions. As you've knowingly took out debt, knowing you were not going to be able to meet the payment.

Just because the bankruptcy has not taken place, doesn't mean they did not obtain the funds, knowing they had no intention of servicing the debt.

The same has happened here, he has taken a debt, knowingly there is every chance he cannot service the debt. A week or so before prison.

As op has knowingly joined in with this and taken the funds and is finically linked. She needs to find out her position if the bank go through legal proceedings.

JimBobJones · 7 June 2013 at 11:49AM

Dogger69 wrote: »

I disagree, telling someone you have x income in the knowledge that income will not exist within a month is deception. Some questions do not have to be asked outright, an assumption that the declared income will be ongoing is implicit in any such agreement.

The OP also needs to consider that *if* the bank wish to pursue this through the criminal courts, they may also push for action to be taken against her as a party to the offence. Whilst she is not a party to the loan, she has willingly taken advantage of it by having it applied against her debts.

OP, you need to speak to your solicitor about this. The implications are far too serious to be taking advice from strangers on the internet.

I suggest you read the consumer credit act before attempting to scare the OP, what you have just said is false, whether you disagree or not; I'm the one with the law degree and the experience to tell you you're wrong.

The husband would not have been asked if he is pending criminal proceedings for a loan, I know this because I worked for Natwest for 15 years drafting up these contracts and application forms. If he isn't asked then he's committed no crime. A criminal offence for fraud, is if he lies to questions on the form which he has not done.

The banks will pursue this through the courts under the CCA, and obtain a CCJ against her husband.

The only way the OP would have committed an offence here is if her husband had stolen the money. Even if he'd obtained the money through fraud she still could accept the money!

Further action is too expensive for the banks, they will apply for a CCJ because this guarantees they will get every penny back, the CCJ will be put on hold for review. Payments will be sorted out after his release, he will be summoned to the county court to review his financial situation and set up payments on the CCJ. The bank will eventually get their money back and that is all they're bothered about. They won't waste money prosecuting him through the magistrates court.

Yes it's immoral, but what does the top of this forum say? Give advise, not judgment.

onamissionEU · 7 June 2013 at 11:50AM

OP you need to take proper legal advice on this. It is 99% likely that a court would view your husbands actions as fraud.
Whilst none of us can say for certain that we will wake up in the morning, we make plans and go about our lives with the assumption that we will not die in the middle of the night. The same assumptions are made when applying for loans. Just as you would be legally obliged to make potential creditors aware of an impending redundancy, say, or you would have to declare a family history of a serious disease for insurances purposes, your husband is obliged to make potential creditors aware that his income is very likely to dissapear after application.
IF the onus was on the bank to ask these questions the application forms would be hundreds of pages long.
There could also be implications regarding early release. May we ask for what your husband is likely to go to prison? If it is for fraud this could make matters even worse. SEEK LEGAL ADVICE