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| T O P I C R E V I E W |
| m88 |
Posted - 04 May 2009 : 22:08:45
BEEN TOLD BY ONE OF EXPERTS THAT IF I RECEIVED A PAYMENT FOR UNFAIR BANK CHARGES BEFORE I GO BR, WHEN I EVENTUALLY GO BR I WONT HAVE TO DECLARE THEM,BUT IF THE MONIES ARE PAID INTO MY BANK ACCOUNT HOW DO I EXPLAIN THEM TO THE OR AND WILL THEY BE TAKEN FROM ME .PS IF THERES`A LEGAL WAY AROUND THIS PLEASE LET ME KNOW THANKS |
| 5 L A T E S T R E P L I E S (Newest First) |
| m88 |
Posted - 05 May 2009 : 19:36:44
thanks for your time ,appreciate it
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| gettingoutofdebt |
Posted - 05 May 2009 : 19:33:55
Paul and John have mentioned that if you receive the charges AFTER you petition for BR then you will need to pay them back.
From Paul:
"If however you receive these before you petition for Br then you could put the money towards court fees etc."
If you receive them BEFORE you petition for BR then they should be yours but the OR may notice them in your bank statements if they are a significant amount and question them.
If you received them and spent them knowing that you would be declaring yourself BR then there is a chance, depending upon how much they were and what you did with them, that it could lead to a BRU. If you used the fees to pay for your BR fee then it should be ok.
It's really up to you what you do but, for me, it would depend upon how much the charges are. You also need to remember that banks really drag their heels when they need to pay out so it could easily take several months before you were refunded any charged. |
| m88 |
Posted - 05 May 2009 : 19:04:46
asked this question before,and another expert melanie,said if it was paid before br the OR didnt need to know anything about it.DIFFERENCE OF OPINION
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| John |
Posted - 05 May 2009 : 14:55:33
Hi
absolutely Paul, if the monies recovered are from a debtor all that will happen is the "award" will be deducted from any monies owed making it all, unfortunately, a fruitless exercise.
And any balance would be claimed by the OR.
I have looked into my credit agreements pre my bankruptcy in 2006 just out of curiosity and it would seem that ALL of the cards are of the type whereby monies can now be recovered as the T&C's were incorrectly written.
Of course there is no point pursuing such an avenue when I owed them all money anyway.
John White
England Jackman & Spacey |
| Reviva UK |
Posted - 04 May 2009 : 22:13:58
If you receive the bank charges after you petition for Br then I am sure these will be lost as the account will probably be closed, otherwise you would should advise the OR of the windfall.
If however you receive these before you petition for Br then you could put the money towards court fees etc.
Just a thought - if you owe the bank a considerable amount in overdraft, loans, credit cards etc it is likely that they will offset the refund agains money owed to them.
perhaps another expert knows more than I do on this subject
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
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