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legal Advice

  • 15-09-2020 3:09pm
    #1
    brisan
    Registered Users Posts: 2,242 ✭✭✭


    A quick question regarding EWSS which has come up on the property forum and I am hoping for an answer here
    If an employer is in receipt of EWSS but gives an employee a letter stating that the employer is not receiving EWSS to enable the employee to draw down a mortgage(banks will not allow draw down of a mortgage if you are on EWSS) is that employer acting fraudulently
    If the employer goes bust when EWSS is finished and the employee can no longer service their mortgage ,could the bank take a legal case against one or both parties for obtaining money or benefit by deception.
    Thanks


Comments

  • #2
    Victor
    Registered Users Posts: 78,240 ✭✭✭✭Victor


    That sounds like fraud.


  • #3
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Victor wrote: »
    That sounds like fraud.

    My thoughts exactly but some posters could see no harm in it if it got them a mortgage before they lost their job.
    Any specifics on exactly what laws would be broken


  • #4
    GerardKeating
    Registered Users Posts: 7,525 ✭✭✭GerardKeating


    brisan wrote: »
    My thoughts exactly but some posters could see no harm in it if it got them a mortgage before they lost their job.
    Any specifics on exactly what laws would be broken

    Well this one or this one.

    Some site even provide fake documents.


  • #5
    Losty Dublin
    Registered Users Posts: 12,956 ✭✭✭✭Losty Dublin


    brisan wrote: »
    A quick question regarding EWSS which has come up on the property forum and I am hoping for an answer here
    If an employer is in receipt of EWSS but gives an employee a letter stating that the employer is not receiving EWSS to enable the employee to draw down a mortgage(banks will not allow draw down of a mortgage if you are on EWSS) is that employer acting fraudulently
    If the employer goes bust when EWSS is finished and the employee can no longer service their mortgage ,could the bank take a legal case against one or both parties for obtaining money or benefit by deception.
    Thanks

    Wouldn't their payslip for the last number of months not reflect the payment of EWSS? Any difference/s in your tax and prsi or your other levies and deductions and the bank will want very good answers to even issue you with an initial AIP, let alone go to a drawdown.


  • #6
    Godeatsboogers
    Registered Users Posts: 125 ✭✭Godeatsboogers


    Knowingly and wilfully equals fraud


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  • #7
    nthclare
    Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    Better off not having a mortgage than being a delboy.

    I've seen the repercussions of this kind of blatant fraud, and let's just say you'll be saving for everything and no Bank will even give you a car loan with a bad credit history..

    Don't do it.


  • #8
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Closed


  • #9
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Thread reopened at poster's request


  • #10
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    Losty Dublin wrote: »
    Wouldn't their payslip for the last number of months not reflect the payment of EWSS? Any difference/s in your tax and prsi or your other levies and deductions and the bank will want very good answers to even issue you with an initial AIP, let alone go to a drawdown.

    It would have with the former TWSS, not in the case of EWSS. The payslip returns to normal, and the employer receives the reimbursement separately - so an employee wouldn’t necessarily know whether or not their employer was a beneficiary of the scheme.

    I would agree that any warranty by an employer that he wasn’t availing of the scheme when in fact he was is bordering on fraud - I wouldn’t advise it.

    I do however think it’s a little sharp practise for a bank to refuse a mortgage on this point alone.


  • #11
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Closed now


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