Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Are you currently in correspondence with the OR? When were you formally discharged from your last bankruptcy? Kind regards AJ
Hi, Thank you. Details of your previous bankruptcy will be available to the OR, whether the OR has the time or resources to investigate this any further is another matter. The credit applications themselves will only be available to the OR if they are provided by the bank concerned. When did you actually make the new credit applications? Kind regards AJ
Hi, Thank you. Do you have the exact wording of the bankruptcy restriction to hand?
Thank you. Essentially the main issue here is that you did not disclose your bankruptcy, however your bankruptcy itself would have appeared in a credit check. As a starting point why dont you get all the information - go to your creditor banks and ask for "Subject Access" request - they will have to deliver to you all personal data they hold on you - as a result you will be able to find out if they still hold the forms and what you filled in. If they do not have the forms, they are unlikely to have the resources to pursue any kind of allegation of criminal behaviour. Do you currently have any assets? Kind regards AJ
Hi, Your previous estate in bankruptcy has now passed, so in theory the OR should only look at those matters in your estate between your bankruptcy order and discharge and your new date of bankruptcy.
You could also do a subject access request to the Insolvency Service and find out what info they hold on you?
Hi, Thank you. It really depends on various factors surrounding your obtaining of the credit. What lengths did you go to actually obtain this? Did you falsify your identity? Did you do this multiple times? Were ever rejected?
Hi My apologies I have received this now. The best defence you will have is co operating and acknowledging the issue. Were you fully aware of the restrictions at the time, or did you just believe the restriction only applied to loans? In which you could have grounds to say this was not actually dishonest but just mistake on your part?
Hi, Thank you Do you have any previous convictions? Kind regards AJ
My apologies. Without any previous convictions and the fact it is not dishonest means that I would think it is possible this may not investigated. That said if you were found guilty of a fraud offence prison is a possibility. Is £20k the max liability here?
Hi. I have been asked to look at this as I am a criminal lawyer.
What is the fraud? Applying for credit in contravention of a bankruptcy order?
No, I didn't so thanks for the reminder.
Are you repaying all the debts? Will they be unpaid if you declare yourself bankrupt?
There is a risk that could happen.
The reality is that if you secure credit by means of giving false information then that is a fraud. You can argue that it was a mistake which would mean there is no dishonesty but they may well not accept that.
They will rarely take any action though until a person stops paying the debt.
If a person declares bankruptcy then that would lead to a huge loss for the creditor and that would be a time that they are likely to start investigating.
They may not but you cannot hide from the risk.
Can I clarify anything for you?
I think they probably would report it. Nobody can say what they will do but clearly they would have a motive.
How much did you borrow?
This is a very rough guideline obviously but it is going to fall into category four of the sentencing guidelines and probably culpability B. That would mean the starting point is 26 weeks and the range is a community order to a custodial sentence of one year.