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  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Are you advising someone to commit fraud ?

    I agree with Tine - I don't think that ANYONE is advocating fraud, but that the posts may be mis-interpreted.
    I would like to know exactly WHO has control of this 'money' - is it that Miss NMP's mum still controls the account? In which case there really is no reason to include it. It's a bit like knowing that, someday, you may inherit your parents' house. Her mum MAY decide against giving her this money in the final analysis.
    If, on the other hand, the money is under Miss NMP's control, then DEFINITELY it should be declared. It would, in any case, be seized by the OR in the event of bankruptcy, so, in my opinion, could be used to offset some of her debt.
    There are a lot of 'ifs', but we do appear to be a bit quick to condemn without being in posession of all of the details. :confused:
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • CCCS_Emily
    CCCS_Emily Posts: 65 Forumite
    Hello all,

    I think a few things have been misinterpreted.

    Firstly, my advice to MissNoMoneyPenny, and to anyone who is struggling with debt, is to look at all options available to deal with the situation. I think some confusion has arisen here as the original post was on the ‘Bankruptcy and living with it’ forum. I moved it out of the ‘A big hello from the CCCS’ thread so the post did not get lost in it. I did not mean to move it to the DFW forum though; I don’t know what happened there!

    As the ISA is in MissNoMoneyPenny’s name it would be taken into account with solutions like an IVA or Bankruptcy. I was not suggesting that she does not declare this money to an IP or an OR. However these options may not be right for her, which is why she needs to look at all options available first, before she decides what to do. Just a point on the ISA though – you are allowed to put up to £3000 per year into an ISA.

    If you have savings you are not obliged to use them towards clearing your debts (unless you go down the bankruptcy or IVA route). But it is worth looking at how any savings can be used to reduce the debt and improve the situation.

    Hope that’s cleared a few things up.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Emily
    CCCS_Emily Posts: 65 Forumite
    In response to your questions…

    1. Am I right in thinking that you won't talk to somebody who rings on an anonymous mobile or public phone other than to give summary advice and make a telephone appointment? No, we will speak to anyone who calls us.

    2. Your in depth phone calls are made when you can verify exactly who you're talking to? We comply with the DPA. We are regulated by the Charities

    Commission, FSA and BBA.

    3. All your conversations are recorded and can be used against an errant bankrupt? http://www.cccs.co.uk/legal/legal.aspx follow this link.

    4. The beauty of a site like this is it's anonymity; why are you encouraging people to phone you? We do have an online advice facility where people can get advice with complete anonymity, but people can also call us if they want to, it’s up to them.
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • Richard_S
    Richard_S Posts: 4,432 Forumite
    Oh Richard I am she is trying to hid £17,000 in her name.:naughty: Even if it's her mothers they are still guilty of tax evasionI'm not sure about that; tax avoidance perhaps??. She has however admitted that the money BELONGS TO HER as a gift from her mother. If they were doing nothing wrong the mother could have simply paid a deposit out of her own savings. If the money is in MissNoMoneyPennys name then she could use it to pay off HER debts without any conditions.
    I don't think Emily's motives are bad it's being stuck in that gray area between bending the law and breaking it.

    Broken hearted,

    This post is so unusual.

    I can sympathise with MissNMP for her financial situation and how she chooses to address that is ultimately her decision.

    What really makes me sad though, is that a mother should work so hard for her daughter and then face the prospect of losing it. My knowledge of the law isn't deep enough to even think about expressing an informed opinion, but I think with the proper legal advice she can successfully argue that the money is hers; the mothers that is.

    I think mother and daughter would do well to take legal advice. On this occasion neither us or Emily are sufficiently qualified or experienced to be of much help.

    Regards

    Richard
  • Richard_S
    Richard_S Posts: 4,432 Forumite
    CCCS_Emily wrote: »
    In response to your questions…

    1. Am I right in thinking that you won't talk to somebody who rings on an anonymous mobile or public phone other than to give summary advice and make a telephone appointment? No, we will speak to anyone who calls us.

    2. Your in depth phone calls are made when you can verify exactly who you're talking to? We comply with the DPA. We are regulated by the Charities
    Commission, FSA and BBA.

    3. All your conversations are recorded and can be used against an errant bankrupt? http://www.cccs.co.uk/legal/legal.aspx follow this link.

    4. The beauty of a site like this is it's anonymity; why are you encouraging people to phone you? We do have an online advice facility where people can get advice with complete anonymity, but people can also call us if they want to, it’s up to them.

    Emily,

    You really should consider politics.;)
  • Hi all

    Thanks to everyone who has donated advice. It's been a great help. Just to clear a couple of things up as I know I was pretty vague to begin with about my intentions. I basically do not want to involve my Mum at all if possible, nor do I want to go bankrupt if I can help it. I am more than happy to pay off my debts over time, but just need a more manageable solution. I understand it may seem odd that I can't just let my Mum know about my situation and then use the savings to pay off my debts, but I just feel that, knowing my Mum, it would put a lot of strain on our relationship and I am of the opinion that money is the root of all evil and causes problems in life, so it's best to be independent where money is concerned if at all possible. My relationship with my Mum is more important.

    Thanks again,

    MissNoMoneyPenny
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    In which case post your SOA in a seperate thread and we'll see how we can help you snowball these debts for you so you can avoid using the savings your mother has made for you :) Once we have the SOA it will be a lot easier to see what a realistic option will be :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
    Hi all

    Thanks to everyone who has donated advice. It's been a great help. Just to clear a couple of things up as I know I was pretty vague to begin with about my intentions. I basically do not want to involve my Mum at all if possible, nor do I want to go bankrupt if I can help it. I am more than happy to pay off my debts over time, but just need a more manageable solution. I understand it may seem odd that I can't just let my Mum know about my situation and then use the savings to pay off my debts, but I just feel that, knowing my Mum, it would put a lot of strain on our relationship and I am of the opinion that money is the root of all evil and causes problems in life, so it's best to be independent where money is concerned if at all possible. My relationship with my Mum is more important.

    Thanks again,

    MissNoMoneyPenny
    A mother will love her child whether they are right or wrong. She may be annoyed but at the end of the day we live and learn it's only money.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • Could someone please point me in the direction of where to find the SOA template. I stumbled across it the other day, but can't find it again now! D'oh!
  • RAS
    RAS Posts: 36,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you've have not made a mistake, you've made nothing
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