Author Topic: Fraudulent Debts and Confiscation Order  (Read 907 times)

Frostbite

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Fraudulent Debts and Confiscation Order
« on: Apr 11, 2010, 03:39:59 PM »





I had a confiscation hearing in July 2006. The prosecutor who lead the financial investigation into my affairs presented the court with evidence saying I was in the benefit of £137,000. The judge did not agree with this figure and the final amount which I was said to have benefited was £112,000. This included all my unsecured debt, which consisted of credit card debt and loans. These were included as the prosecutor stated that I had declared my annual earnings to be £35,000 on all my credit applications, when in actual fact, they were £18,000. This is called gaining a pecuniary advantage. I could not pay £112,000 as I had no assets or cash and the crown court judge accepted this from my defence team and it was ordered that I pay just £1000 within 6 months (which it was) and the rest will not have to be paid back within any type of time frame (a nominal order), however it was stated by the judge that I do still owe the debt. So if I came “into money”, such as wining the lottery or gaining money from an inheritance for example, I could then be pursued for the £111,000 owed to the crown.


Hear is the point of my post. The credit card and loan companies in question have recently sold the debts onto 3rd party debt collection agencies and they are now pursuing me for this money. However, as I owe these debts under the confiscation order, this would mean that if I got into a repayment plan with the debt collection agencies and was then later pursued for the confiscation order balance, I would have paid the debts off twice when I only benefited from the money once. My question is, as all my debts were classed as fraudulent and I have a crown court order stating that I owe this money to the crown, does that mean the debts can not be pursued by the debt collection agencies? Or if they can be pursued, would that mean then that the confiscation hearing is wrong and I would therefore need to pursue getting it changed (if that is even possible, I would take legal advice on that one)


I thought I would ask here in the first instance before seeking legal advice just in case anyone has come across this scenario before and can give me a quick answer.


Thank you all for your time


David