Fraud uncovered after 10yrs!

[frettful38]

Please could someone tell me if you have evidence that a creditor who petitions bankruptcy gets paid twice for the same debt is classed as fraud and dishonesty.

I have proof that the creditor who petitioned bankruptcy has been paid twice for one debt. He has been paid by the trustee in bankruptcy and he has been paid by my solicitors who arranged my remortgage.

 

I know that this bankruptcy was made by fraud and now I have the evidence to prove that he has been paid twice for the same debt, so before I go any further I would like to hear what peoples views are please.

[sosumi]

Please could someone tell me if you have evidence that a creditor who petitions bankruptcy gets paid twice for the same debt is classed as fraud and dishonesty.

I have proof that the creditor who petitioned bankruptcy has been paid twice for one debt. He has been paid by the trustee in bankruptcy and he has been paid by my solicitors who arranged my remortgage.

 

I know that this bankruptcy was made by fraud and now I have the evidence to prove that he has been paid twice for the same debt, so before I go any further I would like to hear what peoples views are please.

Do you have evidence that the bankruptcy was fraudulent?

[frettful38]

Because this case is so long and complicated and has been going on for so long the only way for me to prove that the bankruptcy was done by fraud is to to show that he has been paid twice for the same debt. This proof I have only just discovered last week.

 

The proof I have with me will open the floodgates that he has committed fraud. It is this new evidence that I have and want to base on to re-open all the bankruptcy and bogus rent arrears claim he had against us

[twofoot]

I hope it's a well known dca who's going to the gallows. The publicity would be enormous.

[frettful38]

Its not a DCA its a previous landlord who had a very bad vendetta against us.

[frettful38]

I have 100% proof that he has been paid twice, I have it confirmed in writing from the trustee in bankruptcy and also from my solicitor who handled my remortgage

[bigegg]

I think the only thing you could do would be to issue a small claims against him. if it's 10 years, it may be outside the Statute of limitations.

Fraud is criminal, and must be proved "beyond reasonable doubt", to reclaim your money, you only have to prove "balance of probabilities".

 

First step would be to contact your local police station - they'll probably try to fob you off as "civil case", but insist on speaking to CID

[frettful38]

Does anyone know what would happen if I could prove that this Landlord has been paid twice for one debt and he has done this deliberately, I mean if he can do this and get away with it then this would be enough reason to cast doubt on the whole bankruptcy case.

[sosumi]

Does anyone know what would happen if I could prove that this Landlord has been paid twice for one debt and he has done this deliberately, I mean if he can do this and get away with it then this would be enough reason to cast doubt on the whole bankruptcy case.

I think it sounds hopeful, but you have to get legal advice.

[frettful38]

Thanks bigegg for your advice, I would love to go to the police, I don't think I am out of the statue time limit as I have only just got this information in my hands last week. That is when I truly have found this evidence. I have lost over £50,000.00 and not to mention the mental suffering, I don't think this is a case for the small claims court. It is too big, and I also believd that trhe trustee in bankruptcy is involved in this cover up, so its not a small case at all.

 

I did not want to start a thread until I was very sure I had the facts and proof, now that I have I am looking for advice and help on what to do

[bigegg]

Have I got this right?

You remortgaged, and paid the landlord.

THEN the landlord made you bankrupt for the same debt?

Or were you made bankrupt by someone else, and the landlord asked for his cut, AFTER being paid?

 

If so, and you have proof that the landlord had been paid, AND KNEW HE HAD BEEN PAID!, before requesting the money again, then you shoud have a good case - AND, since you only just discovered this, limitations act won't apply (it applies from "point of action", which is when you DISCOVER that you are owed!)

 

 

OR:

Were you made bankrupt, which paid off the debt to the landlord, then at a later time, re-mortgaged, and your solictor paid the landlord?

 

If the latter, you will have a better claim against the solicitor.

[frettful38]

If I was to sue him for fraud I would claim the £50,000.00 plus £500,000.00 for the torture he has put us through, its not like he can't afford it.

[bigegg]

Go find a solicitor (a good one! and not the one who handled your re-mortgage).

Discuss the case with them.

Try to get the police interested.

If the police investigate, and prosecute for fraud, there's nothing to stop you sueing afterwards for your costs.

[frettful38]

ourt, court order said we had to pay xxxxxxx or lose home.

Edited August 2, 2009 by frettful38

[frettful38]

I have been advised by a solicitor to go to the police, I think I will do this first thing tomorrow.

I think my mortgage broker who arranged my remortgage so that we could pay off the trustee was also involved in this.

The only reason we had to remortgage was that my husband could pay off his bankruptcy debt. I think my mortgage broker knew how desperate we were to pay or lose our house, that he took advantage

[izzitme101]

i believe that may be different if you can prove the evidence has just come to light.

Ill have a look around, but i dont believe theres any statute on fraud.

I would seriously suggest a solicitor for this myself, however, dont look for those those cowboys that advertise no win no fee.

Find yourself a good local solicitor, with a decent reputation, and approach them.

If they wont take it, they usually find you one who will, and tho they dont advertise it, they do take cases on no win no fee, and all costs and insurance are covered by them.

Imo you cant afford not to cross every T and do every I in a case of fraud.

[frettful38]

e all this happened

Edited August 2, 2009 by frettful38

[izzitme101]

ooh ok, good luck keep us updated tho, im really interested in this one.

a quick look at this uncovered something interesting.

Seems all the dca's here are commiting fraud on a daily basis.

 

The general offence of fraud may be committed by:

 

• • false representation; the offender must know that the representation is wrong or misleading;
  
• failing to disclose information;
  
• abuse of position.
  

[frettful38]

Don't worry I intend to keep everyone updated, and once I get confirmation of my findings I intend going to the press too.

[frettful38]

This is what I have found out, please tell me what you people think.

 

Bankruptcy debt was £8.000.44

 

Trustee in Bankruptcy paid the creditor (Landlord) £ +statutory interest = 7

My mortgage solicitors who arranged remortgage also paid to the creditor (Landlord)

In total he has received a sum of £

Edited February 23, 2009 by frettful38

[bigegg]

How much did the landlord actually claim was owed?

(ie, did he take the first payment of 6311.77 as part payment against what he claim was owed?)

 

How long between bankruptcy and re-mortgage?

[frettful38]

The landlord was claiming £ this debt was increased when the trustee in bankruptcy got involved and started adding charges.

The sum of £ was paid to the landlord out of the £.00 claimed by the trustee in bankruptcy.

Then my solicitors who were handling my remortgage paid a further £ to the landlord, below is the information which hopefully makes more sense.

Edited February 23, 2009 by frettful38

[frettful38]

First redemption was to my mortgage company

Second Redemption was to the Trustee in Bankruptcy

Third Redemption was to the creditor's (Landlord) solicitors

[frettful38]

Post up again later minus personnel details

Edited February 22, 2009 by frettful38

[audiobookman]

subbing, frettful38, just to let you know the names etc crossed out in blue are ledgeable,you may want to edit this on the previous post.