Secret Money

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Adam Davies

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Post by Adam Davies » Tue Dec 03, 2013 8:37 am
Hi

Clear advice from forum members, you must declare any windfall and this forum can't discuss ways to avoid paying it over to your creditors

Good luck

Regards
Andam Davies
 
 

plasticdaft

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Post by plasticdaft » Tue Dec 03, 2013 8:41 am
Due to money laundering measures used by the banks just because you open an account then cash the cheque then close it again doesnt mean there wont be a clear paper trail to follow the money.

If the moral obligation to declare windfalls etc isnt enough to make you come clean a criminal conviction as a fraudster may do the trick.

Where would the 30k be coming from.

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

carole2662

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Post by carole2662 » Tue Dec 03, 2013 8:51 am
We had the same thoughts when my husband inherited money. Its nice to dream which we did for a few hours then did the right thing and informed our IP. We are now debt free which is such a nice feeling and we can get on with our lives again.
 
 

Shining

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Post by Shining » Tue Dec 03, 2013 9:16 am
I often dream even though I've now finished my IVA, it's good to dream but then I'm back in reality and I know I would declare it as it may still give me or get me closer to a fresh debt free start.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Dec 03, 2013 9:56 am
We had a case last year where a client tried to do this with a £100k redundancy cheque, and the bank concerned did contact us to highlight what he was doing - so just to concur with the other advice provided - don't even consider taking the risk as the penalties can be harsh.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Hellen

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Post by Hellen » Tue Dec 03, 2013 10:03 am
It was just hypothetical really. I haven't been offered any money (I wish!) its just I was wondering how anyone would find out...
 
 

MelanieGiles

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Post by MelanieGiles » Tue Dec 03, 2013 10:06 am
I think we all realised that you were only playing "Devil's Advocate" Hellen, and I thank you for raising this point as it always creates a good debate on the forum.
Regards, Melanie Giles, Insolvency Practitioner
 
 

UpToMyNeckInIt

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Post by UpToMyNeckInIt » Tue Dec 03, 2013 10:11 am
Hellen,

I'm sure one of the experts will correct me if I am wrong on this point, but if you are talking about being OFFERED money, then it may be classed as a GIFT rather than a WINDFALL.

Windfalls (like a lottery win, inheritence etc.) have to be handed over to your IVA, cash gifts do not.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Dec 03, 2013 10:12 am
Good point - monies offered do not fall into the windfall category, but are treated as third party funds and can be used to offer full and final settlement of an IVA.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Hellen

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Post by Hellen » Tue Dec 03, 2013 10:30 am
If you are offered a gift that would cover the cost of your IVA, do you still have to legally declare it? and if you do, does the person who gave you the gift have to know?
 
 

UpToMyNeckInIt

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Post by UpToMyNeckInIt » Tue Dec 03, 2013 12:21 pm
...no, because it is a gift.

But as Melanie says, you could (hypothetically) ask this friend to offer a sum of money in a 'full & final settlement' of your IVA (I would suggest the amount you pledged in your original agreement, less any payments made ie: your minimum proposed dividend).

Assuming that gets accepted, and once your IVA is complete, if your friend then wants to give you any more than that amount, the surplus is yours to keep - guilt free!!!
My opinions are just that: Based on my experience and being a self-employed IVA customer.
 
 

Hellen

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Post by Hellen » Tue Dec 03, 2013 1:52 pm
sorry to be an idiot but if someone gives me £30,000 (unlikely!) i don't have to declare it because it's just a present??
 
 

Hellen

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Post by Hellen » Tue Dec 03, 2013 1:53 pm
i thought whenever you received over £500 from anywhere you had to declare it....
 
 

tinks81

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Post by tinks81 » Tue Dec 03, 2013 2:14 pm
There seems to be a lot of questions to say this is supposedly hypothetical!
 
 

martinw

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Post by martinw » Tue Dec 03, 2013 6:14 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Hellen

sorry to be an idiot but if someone gives me £30,000 (unlikely!) i don't have to declare it because it's just a present??
The person giving you the gift would be wise to rake advice to ensure the gift has its intended consequences eg getting you debt free or say s new car. The person giving the gift could give it with strings attached/delay it to avoid it being wasted in their eyes

Martin
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