Using credit card to pay BR fee?

Holly_Jones4

Morning everyone,

I am struggling to raise the BR fee and am considering using my credit card to pay it but am I right in thinking this would be considered fraud? I have a credit limit of 5K and have used 3K and this company would be obviously part of the BR application.

The only money I possess is 1280 in my current account and 1125 of that is my rent which is due next week. This amount won't cover both obviously plus I need to buy food, petrol etc. The other alternative would be that I use the credit card to get cash out to pay my rent and pay the BR fee with the rent money I have in my current account? Would that still be fraud? I obviously have to pay my rent, that is crucial.

I am so desperate to submit my application and the thought of paying monthly in small instalments fills me with dread because the debts will continue to mount up. I have nothing significant to sell either or anyone I could borrow from. I have looked into charities but it is a long process and often not available anyway.

I don't want to get into trouble and potentially my BR not being accepted or the credit card company suing me for using my card to pay either the fee or my rent knowing full well I couldn't pay it back.

If anyone could give me any advice that would be very helpful. I am keen to do this 'by the book' (as much as possible) and not get into any bother with the law!

Thanks all.
Holly

Minkym00

It’s not fraud as such. Any allegation of misconduct relating to you borrowing with no reasonable expectation of repaying would only stick if the amount of borrowing is material in your bankruptcy. Given it’s going to be £680 then I’m assuming that it’s unlikely to be a material amount (I.e. 20% or more of the bankruptcy debt).

It’s not as if you borrowed money for a jolly, it’s for bankruptcy. You’ll find the OR understanding.

bradders1983

Holly_Jones4 wrote: »

Morning everyone,

I am struggling to raise the BR fee and am considering using my credit card to pay it but am I right in thinking this would be considered fraud? I have a credit limit of 5K and have used 3K and this company would be obviously part of the BR application.

The only money I possess is 1280 in my current account and 1125 of that is my rent which is due next week. This amount won't cover both obviously plus I need to buy food, petrol etc. The other alternative would be that I use the credit card to get cash out to pay my rent and pay the BR fee with the rent money I have in my current account? Would that still be fraud? I obviously have to pay my rent, that is crucial.

I am so desperate to submit my application and the thought of paying monthly in small instalments fills me with dread because the debts will continue to mount up. I have nothing significant to sell either or anyone I could borrow from. I have looked into charities but it is a long process and often not available anyway.

I don't want to get into trouble and potentially my BR not being accepted or the credit card company suing me for using my card to pay either the fee or my rent knowing full well I couldn't pay it back.

If anyone could give me any advice that would be very helpful. I am keen to do this 'by the book' (as much as possible) and not get into any bother with the law!

Thanks all.
Holly

The judge doesnt know how you paid the fee, the judge wont give a toss. I paid for mine with money withdrawn off a credit card which was then included in the petition, the OR also didnt give a toss afterwards. Personal bankruptcies are small fry and they dont waste too much time on them.

Withdraw the cash off a credit card and stop worrying. It is not fraud.

Minkym00

Bradders this is a bankruptcy that is going through the office of the adjudicator, nowhere near a judge.

bradders1983

Minkym00 wrote: »

Bradders this is a bankruptcy that is going through the office of the adjudicator, nowhere near a judge.

You arent the opening poster? :question::question:

chickpeaz

Hi, I was worried about this too before submitting my application as I didn't have the money either. In the end I used my credit card to pay for other things (food etc) leaving me enough in my current account to pay the BR fee. I don't think you need to worry about this, the OR didn't ask any questions about it. It think they're more concerned about the reasons for your bankruptcy overall, rather than how you paid the fee.

Minkym00

I know I’m not Bradders but the pretty obvious clue is in the post...”application”.

In any case debtor’s petitions are no longer processed through court and haven’t been for years. They’re processed through the adjudicator’s office.

debt_doctor

Minkym00 wrote: »

It’s not fraud as such. Any allegation of misconduct relating to you borrowing with no reasonable expectation of repaying would only stick if the amount of borrowing is material in your bankruptcy. Given it’s going to be £680 then I’m assuming that it’s unlikely to be a material amount (I.e. 20% or more of the bankruptcy debt).

It’s not as if you borrowed money for a jolly, it’s for bankruptcy. You’ll find the OR understanding.

Yes indeed, this is exactly how the Insolvency Service looks at this situation - also all the credit card companies share the risk dependant upon their market share - and it brings the further risk to the credit industry to an end.

DD

bradders1983

Minkym00 wrote: »

I know I’m not Bradders but the pretty obvious clue is in the post...”application”.

In any case debtor’s petitions are no longer processed through court and haven’t been for years. They’re processed through the adjudicator’s office.

How long is "years"? When I did it in 2012 I went to county court and a judge had to approve it.

debt_doctor

bradders1983 wrote: »

How long is "years"? When I did it in 2012 I went to county court and a judge had to approve it.

April 2016.

DD

bradders1983

The wider point still stands though, assuming you dont have to provide a copy of all your credit card statements at the time of application. No idea if you have to now, I only had to provide the current balance on them at the time.