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untruthful disclosure?

  • Thomasjames
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1 year 9 months ago #505193 by Thomasjames
untruthful disclosure? was created by Thomasjames
Can anybody help answer if this fictional story is a case of miss representation or untruthful disclosure in form E

in order for H to show reduced capital assetts represented in form E?

2005 - H & W have £100,000 in savings

2010 - H gives £90,000 to parents of H as a \"loan\"

2010 - 2015 parents of H give monthly amounts to H as \"gifts\" to support H's low income.

2016 - H & W separate

2017 - H & W are agreed £90,000 remains owed.

2018 - H discloses in Form E, no monies are owed from parents of H, as amounts given monthly (2010 - 2017) as \"gifts\" (to support low income) are now turned into \"repayments\" against loan

2018 has H & H parents duped W, so as to reduce capital assetts disclosed to W in form E?

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  • hadenoughnow
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1 year 9 months ago #505196 by hadenoughnow
Replied by hadenoughnow on topic Re:untruthful disclosure?
You can ask for copies of the loan agreement and repayment schedule.

Were both H and W aware of the loan?

Did they both know about the \"gifts\"?

Did they both benefit from.the cash?

The sums given must have been pretty significant if that amount of money was paid off in just a few years.

Hadenoughnow

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  • Thomasjames
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1 year 9 months ago #505197 by Thomasjames
Replied by Thomasjames on topic Re:untruthful disclosure?
No loan agreement, as verbal between H and parents (on trust)

No, H aware of gifts but, not W

H had sole benefit of gifts spent on holidays for children

Sums returned were minimal (£500 chunks), but, use of car leased and funded by parents for H...has been used to reduce loan outstanding

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  • WYSPECIAL
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1 year 9 months ago #505224 by WYSPECIAL
Replied by WYSPECIAL on topic Re:untruthful disclosure?
Thomasjames wrote:

No loan agreement, as verbal between H and parents (on trust)


If there is no loan agreement and no schedule of repayments it will be very hard to prove that it was a loan and not a gift.

Usually on here people ask about gifts that they received from their parents which suddenly become \"loans\" with demands for repayment as soon as divorce is on the horizon. Courts are never interested as they have heard it numerous times.

Since this \"loan\" is from 2010 it is unlikely to be seen as deprivation of capital in the same way as it would be if it were made after the relationship broke down.

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