If someone had already applied for an IVA (although the final paperwork had not been completed)and that person continued to borrow money from a friend (£1,800.00) on false pretence - is that in itself a criminal offence (ie knowing that he could not pay it back as promised in writing at the time he borrowed it.
I think any new borrowing under any IVA is under the expressed permisson from the IP. My IVA report states that clearly.I don't think any criminal arrestable offence is committed by your friend if he borrows from you but 'might' violate the IVA contract if the IP knew. As you are a friend and not an HP company, it is a bit blurred over your contractual agreement here. It is not that your friend have to sign a credit agreement which can be used to recover money. Interesting post!
"DEbt is all in the mind. Think wealth and you'll be wealthy but not in £££"
By definition of Sec 2 Fraud Act 2006 an offence is commited if a person 'dishonestly' makes a false representation to another and intends by making that representation to make a gain for himself or another, or to cause loss to another, or to expose himself or another to risk of loss.
A false representation is made if a person deliberately commits any act, either implied or by conduct, or fails to disclose a material fact which would cause another to realise that he his exposed to loss.
It would seem on the basic facts that the offence is made out but the keyword here is 'dishonestly' and that can be sticky. I doubt CPS would accept it for charging on the basis of the fact that you cannot prove that at the time he was being dishonest, irrespective of wether he was planning to enter an IVA or not, i.e he may have honestly believed that he could pay it back.
Last edited by greedfighter on Wed Sep 24, 2008 1:42 pm, edited 1 time in total.
I assume that there is a written agreement regarding the matter of this loan,because otherwise I could accuse everyone on here of borrowing my money and not paying it back!!!
No wonder I got into so much debt!!!
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
Hey Donaldfc, welcome to the forum. Has your friend included this debt that he owes you in his IVA? If not, how much did you both agree would be repaid each month?
