Husband facing custodial sentence - what about debts?

scoobydoothedog

Application forms for loans do not ask if you are about to be sentenced to a term of imprisonment. It is unlikely this man could be convicted of fraud by false representation, although I do not have all the details here. He cannot be convicted of obtaining a pecuniary advantage as that offence was abolished when the Fraud Act 2006 came into force.

Even if, rather bizarrely, this ended up in a criminal court the likely sentence would fall way below the sentencing bracket that he is likely to be looking at in his current circumstances. That renders a prosecution rather less likely as the Crown Prosecutor would probably conclude it was not in the interests of justice to proceed with a prosecution. Even if they did it may not add anything substantial to his sentence.

If there is no prosecution, the fact that he took out this loan is hardly likely to impact upon his release not least because the Parole Board (if he ends up with a lengthier sentence) would be unlikely to know about it.

I think a great deal of scaremongering has gone on here. What is illegal and what is immoral are not always the same things.

If this lady is any doubt she should seek legal advice from an appropriately qualified person.

samtoby

Tixy wrote: »

I agree they would be likely to consider court action and obtain a CCJ in this instance.

And if they do that then of course it will never become statute barred.

If a CCJ is not paid off and it hits the six year point I thought it would drop off a credit file - I thought it was six years from the date you got it...... whether you paid it or not?

[Deleted User]

ilikenoodles wrote: »

What he failed to think of was how I will be able to pay £87 a month to repay the loan

You don't have to pay it.

but I'm mainly just worried about what could happen to myself - as his wife - should I not be able to make each payment.

Nothing will happen if you don't pay it, because it's not your debt.

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.

It's not morally fishy at all. you don't owe the money, so you don't need to pay it.

[Deleted User]

tinkerbell28 wrote: »

As op has knowingly joined in with this and taken the funds

I don't recall the OP saying, she knew what her husband was doing :huh:

[Deleted User]

It may be easier to take legal advice. There is a lot of opinion around on this thread today and I can't make out who is right.

You are clearly using a legal firm for the case, so I'm sure they can help with things like this. I would imagine that a lot of people ask the very same questions.

I agree that you should not pay if you do not have to. I don't think this is going to cause him any problems in relation to further convictions or release (if) it comes to that.

[Deleted User]

ROCK_HAZZARD wrote: »

3. Millionaires don't have £500k credit cards

Yes they do.

Indeed, some have no limit CCs.

JP Morgan Releases no limit Palladium Credit Card.

ROCK_HAZZARD wrote: »

If there is really no crime here, can you quote specific sections of these acts?

Acts Of Parliament don't usually detail what isn't an offence, but rather what is an offence.

The general principle is, if it isn't proscribed, then it's permitted.

zzzLazyDaisy

ValHaller wrote: »

I hesitate to disagree on this technicality - but it could be important.

I do not believe that OP could get her OH's name off the joint account. I believe that a bank would be in the wrong to remove someone from an account without their specific sayso..

You are absolutely correct. I was following up on the previous suggestion that OP gets OH to remove himself from the joint account before he goes to court. Apologies for not being clear about that.

zzzLazyDaisy

samtoby wrote: »

If a CCJ is not paid off and it hits the six year point I thought it would drop off a credit file - I thought it was six years from the date you got it...... whether you paid it or not?

The point about a debt being statute barred is that after 6 years the creditor no longer has the right to take you to court for the debt. So it becomes unenforceable and drops off your credit record.

A CCJ (county court judgement) is precisely the opposite - the creditor has already taken the debtor to court and obtained judgement. The CCJ remains live and enforceable until it is paid (or until you go bankrupt). That is why, if you are taken to court and lose the case, it is important to pay the judgement within 28 days, if at all possible, as then the CCJ is not recorded on your credit file at all.

The_Boss

DizzyMum wrote: »

TBH I don't see that morally it's any different from someone applying for credit knowing they're likely to be made redundant, or are about to change jobs roles to a lower salary.

DM

You don't see that there's a difference between knowing you won't have a means to repay because you are in prison to still having access to funds, a salary and the opportunity of alternative employment?

roonaldo

ROCK_HAZZARD wrote: »

1. Individual Credit Agreements over £25k aren't covered under the CCA, so how can section 78 apply?

yes they are, since The CCA 2006 there is no upper limit