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 Joint account issue after going BR

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T O P I C    R E V I E W
rombonie Posted - 24 March 2009 : 12:35:49
Hi All

I went bankrupt on the 31/10/08 with 3 bank accounts. 1-current ,1-savings(thats a joke) and 1 - joint account. Both the current and the joint accounts had overdrafts attached to them and the OR knows about them.

My question is that Barclays have just written to say they are now aware of my bankruptcy and the current account is closed but they are asking for the full amount of the overdraft on the joint account to be settled, does anybody know if this is something they can pursue? if so can they legally pursue the full amount or only half?

On a better note I have just received an income and expenditure questionnaire in relation to early discharge.

Many thanks

DoR
4   L A T E S T    R E P L I E S    (Newest First)
rombonie Posted - 26 March 2009 : 19:54:54
Ok thanks for the info.

On a slightly different point, just received a letter from the OR stating they will shortly be passing my case over to the regional trustee and liquidator unit(RTLU), I guess that is normal but can anyone tell me what that means?

Thanks again DoR
Melanie.n Posted - 24 March 2009 : 15:09:52
As you are bankrupt your debt to the bank on the joint account si for the whole balance and is included in the bankruptcy. Did you partner (other party on the joint account file for bankruptcy?) if so, same answer them them. If they did not go bankrupt, they will be liable for the whole balance on the joint account under joint and several liability.
Send your copy of the letter you have received into the OR's for them to deal with - as you are bankrupt you are unable to pay money towards or clear this debt. Unfortunately computer systems keep churning out letters like this but they are nothing for you to worry about.

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
Niobe Posted - 24 March 2009 : 14:32:35
I'm pretty sure you are right as each party is jointly and severally liable for the debt so each one will be pursued for the whole amount.

The glimmer gets brighter all the time

Jan
xx
Sparkle83 Posted - 24 March 2009 : 12:42:23
on a joint account, you're both liable for the full amount, therefore if it's 1k, ou're liable for 1k, and the other person is also liable for 1k. If one of you goes bankruopt,I think the 1k is then fully owed by the non-BR party. I might be wrong, but this was my understanding

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