REFUND OF BANK CHARGES AFTER DISCHARGE OF BR

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pm.e

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Post by pm.e » Tue Sep 01, 2009 2:38 pm
Hi

I have just realised that a bank owes me over £2000, from what was a refund of bank charges, during my BR.

I am now discharged with no IPA, or other restrictions. They said that they were going to pay to my OR, but DIDNT!

Is this money mine now, and can I claim it from them??

many thanks,
 
 

Julie

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Post by Julie » Tue Sep 01, 2009 3:25 pm
Hi - how do you know the bank didn't pay the charges direct to the OR? If it was a condition of your BR, then I would ask the OR for confirmation. Even though the BR is completed, I would just double check.

Maybe one of the experts can confirm?
 
 

pm.e

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Post by pm.e » Tue Sep 01, 2009 3:31 pm
Hi,

I checked with my IP, no payment made.

no condition of BR,??

Is it mine??
 
 

Julie

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Post by Julie » Tue Sep 01, 2009 4:34 pm
I would check with the Official Receivers office as these were in control of your BR - better to be safe. Hope it does turn out to be yours to keep.
 
 

pm.e

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Post by pm.e » Tue Sep 01, 2009 4:41 pm
Hi,

How would you word it?
Just say that you are to receive some repayment of bank charges?

many thanks
 
 

Julie

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Post by Julie » Tue Sep 01, 2009 6:39 pm
Something on the lines of......." I was discharged form BR on ***** and have completed my IPA payments.I have received bank charges due to me and want to confirm the OR has no interest in these monies."
 
 

MelanieGiles

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Post by MelanieGiles » Tue Sep 01, 2009 7:55 pm
If the money was due to you at a time whilst you were undischarged, it should be paid to your Trustee for the benefit of all creditors.
Regards, Melanie Giles, Insolvency Practitioner
 
 

pm.e

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Post by pm.e » Tue Sep 01, 2009 8:03 pm
Hi,

I had no IPA Payments or orders, discharged in full after one year.

hope that helps?
 
 

MelanieGiles

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Post by MelanieGiles » Tue Sep 01, 2009 8:15 pm
That makes no difference. If you were entitled to the money at the start of the bankruptcy, or at a period that you were undischarged, the money should be paid to the Trustee.
Regards, Melanie Giles, Insolvency Practitioner
 
 

pm.e

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Post by pm.e » Tue Sep 01, 2009 8:25 pm
Hi Melanie,

What if I said the charges were applied WAY BEFORE bankruptcy?
 
 

MelanieGiles

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Post by MelanieGiles » Tue Sep 01, 2009 8:41 pm
It doesn't matter when the charges were applied! It matters that you became entitled to the money either before or during the bankruptcy, and if this is the case then your Trustee is entitled to receive the money and pay it over to your creditors.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Julie

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Post by Julie » Tue Sep 01, 2009 8:45 pm
So Mel, the poster would have to advise the OR? Thats what I thought.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Sep 01, 2009 8:52 pm
Absolutely correct Julie.
Regards, Melanie Giles, Insolvency Practitioner
 
 

pm.e

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Post by pm.e » Tue Sep 01, 2009 8:58 pm
aw, ok.

but if he doesnt want it???

[:D]
 
 

MelanieGiles

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Post by MelanieGiles » Tue Sep 01, 2009 10:18 pm
Then he will tell you to keep it no doubt.
Regards, Melanie Giles, Insolvency Practitioner
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