Criminally Relevant Behaviour

Fraud in respect of unpaid claims often involves pre-mediated deception. It requires that the debtor on conclusion of the contract has deceived the creditor regarding his solvency and willingness to pay. The creditor must have provided a service based on this deception for which he did not receive payment.

Often it is difficult to prove pre-meditation on the part of the debtor. He will try and find all sorts of excuses justifying why, on conclusion of the contract, he assumed that he would be able to pay the creditor’s claim (Granny promised him money etc.).

An obvious indication of pre-meditated fraud is the fact that the debtor despite an affidavit is still entering into contracts with creditors to which he subsequently does not adhere. We would also like to draw your attention to our related “Statement of complaint“ proforma.