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Ask SolicitorRM Your Own Question
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5386
Experience:  Director and Principal Solicitor. UK
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I’ve discovered that my ex, who I’m currently engaged in

Customer Question

Hello there, I’ve discovered that my ex, who I’m currently engaged in litigation with, has committed fraud with a Bounce Back loan and the furlough scheme. He has been receiving a salary even though he says he hasn’t been working. Shall I report this now, or do I wait for the final court hearing in September?
JA: Where are you? It matters because laws vary by location.
Customer: I’m in the UK
JA: What steps have you taken so far?
Customer: I’ve reported the Bounce Back loan via the crime stoppers line, but not the furlough yet. I’m worried that it may affect my settlement, which will enable me to look after my three children
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing else
Submitted: 9 days ago.
Category: Law
Expert:  SolicitorRM replied 9 days ago.

Good morning, welcome to just answer, I am a solicitor and reviewing your question now. I shouldn't be long.

Expert:  SolicitorRM replied 9 days ago.

The report is of a crime and that should not affect your settlement as the income earned should still be declared. The bounce back loan is a loan to the business it is not a personal loan and in any case is a liability as opposed to income so the figure secured from gvt would never have been included in the settlement sum. The furlough money would be returned, he was unlikely to declare his salary and the furlough payment into the settlement pot in any event. So unless you are worried that he may be prosecuted and locked up and fail to make any payments agreed as he will not be earning then the bounce back and the furlough payments should not have an impact on the total funds in your marital pot. Any follow up do not hesitate to send your message. Always glad to assist.

Customer: replied 9 days ago.
But is there a chance that he will be locked up, because he has lent the bounce back loan to his friend
Expert:  SolicitorRM replied 9 days ago.

He has committed a fraud, it is up to the police to decide if prosecuting and if they do Fraud does carry a potential sentence of imprisonment so yes there is a chance. What he has then done with the money is irrelevant. If his business met the criteria for the BBLS and he validly took the decision to lend it charging interest which would give the business more money in the end he may be able to justify the lending. But I am sure you will know more circumstances to know that perhaps the business was not even entitled to the loan in the first place hence the fraud allegation.