Will I get away with this??

Broken_hearted

Someone on DFW said they were being done for fraud for doing something similar, taking money with no ability/intention of paying it back. I would cutback in other areas to raise the fees.

makingendsmeet_2

Hi all thanks for the advise. I really can't see any other way. As you probably read in my previous post, I did consider avoiding paying the council tax from now until april and then declare BR in april thus writing off the previous years council tax. I have not payed my creditors since november. I was paying them before that by payplan. Then when wife left me andi was left to run the house on my own. As it is I won't have much left over even after bankruptcy. I could also miss a couple of mortgage payments, but i am already behind by a month and im not sure if I was behind by a few months the OR would insist i sold the house. Losing it doesn't scare me but i would rather keep it if I can. So it looks like the card is the only way. I am 99% that captial one could not take legal action anyway as that is the OR's Job. I wouldn't say they could call it fraud as there is nowhere on the aplication that says " if you borrow this money, can you pay it back" So I won't be lying to obtain it.

Broken_hearted

Have you tried to see if you can get help with the fees from other sources.

gratton20

makingendsmeet wrote: »

Hi all thanks for the advise. I really can't see any other way. As you probably read in my previous post, I did consider avoiding paying the council tax from now until april and then declare BR in april thus writing off the previous years council tax. I have not payed my creditors since november. I was paying them before that by payplan. Then when wife left me andi was left to run the house on my own. As it is I won't have much left over even after bankruptcy. I could also miss a couple of mortgage payments, but i am already behind by a month and im not sure if I was behind by a few months the OR would insist i sold the house. Losing it doesn't scare me but i would rather keep it if I can. So it looks like the card is the only way. I am 99% that captial one could not take legal action anyway as that is the OR's Job. I wouldn't say they could call it fraud as there is nowhere on the aplication that says " if you borrow this money, can you pay it back" So I won't be lying to obtain it.

It seems like you have already decided what you are going to do ... and thats of course up to you 100% BUT please do consider that even if the OR didnt impose a BRO because of this then capital one might report you to the police for knowingly obtaining money while knowing you could not and did not intend to repay it. The fact that there is nothing on the application is irrelevent! When i buy a cinema ticket it doesnt say "Do you promise not to slash the seats" but id still be in trouble if I did!

Capital One will be really p**d off if you go BR and they will be looking for revenge, and to get money back ... so they will probably report you to the police, (whether or not they act is up to the CPS and them), and might well sue you themselves as a seperate issue to BR.

As I say it seems, like many who ask advice, you actually just want confirmation of your already decided course of action and sorry - cant give it! PLEASE THINK AGAIN

If you are really skint now .. you might well get a rebate on the fee .. please dont do this!

maxmycardagain

BUT please do consider that even if the OR didnt impose a BRO because of this then capital one might report you to the police for knowingly obtaining money while knowing you could not and did not intend to repay it

I cant see the police doing anything other than stating its a "civil matter"

I had a guy nick £120 cash off my business and got told this, and i got the same reply when reporting the ltd company who were booking £600 worth of work off me daily despite knowing their bank was empty 2 weeks before. The law seems to have changed in the last 10 years

tight_jock

Richard_S wrote: »

Hi makingendsmeet,

We did withdraw cash and spend money on cards just before we were declared bankrupt and it never caused a problem; it wasn't specifically for the bankruptcy fees though.

Couldn't you do some grocery shopping on the card and save the cash that you'd normally have used towards your bankruptcy fees? That would mean you'd only used the card for essential expenditure.

Regards

Richard

If you are decided that you are going to use the card...and I personally advise against it....but if you do then I suggest you use the info given by Richie. You may then have a "...couldn`t feed myself etc" argument with the OR.

IMO I don`t think you would get a BRO for £500 with a reasonable explanation. Also, if you can, check out the court fees rebate form..can`t remember the number but someone else will no doubt provide it. This will exempt you from the £150(?) court fee if you qualify.
:beer:

tigerfeet2006

Please check out whether you would be exempt from part or all of the £150 court fee.

Court fees exemption forms

HIf you click on this it should get you to the ex160 form

http://www.hmcourts-service.gov.uk/c...orms/ex160.pdf
http://www.hmcourts-service.gov.uk/c...rms/ex160a.pdf

One is the form, the other is the guidance.

wherediditallgo

makingendsmeet wrote: »

I wouldn't say they could call it fraud as there is nowhere on the aplication that says " if you borrow this money, can you pay it back" So I won't be lying to obtain it.

Sorry, I don't agree. What you're planning to do is deliberately get a credit card to deliberately incur a debt that you have absolutely no intention of paying off & know full well you won't be able to pay back. You are intending to take a credit card from someone who would not give it to you if they knew you had no intention of repaying any debt you put on it. That's a world away from someone having had a credit card for a few years, running it properly, finding themselves in financial difficulties years later, & ending up having to use the card because they had nothing else. A lie by omission is still deception, because you are deceiving the credit card company into thinking you will pay the debt back - they wouldn't give you the card unless they thought you would, & they shouldn't have to directly ask you the question in order to get an honest response from you.

I understand you're worried about finding the fees, but what you're planning to do isn't the way to sort yourself out. If you don't have the money for your BR fees, please postpone your BR date until you do.

tigerfeet2006

Sorry I can't remember if you have a partner or not. Could you get them to open a credit union account to save the fees in? You can get a loan from them after 10/12 weeks of saving. Google credit union and your county/town.