Help!

[helenm1984]

Hi,

I have received an offer for the full amount of my credit card charges, problem is they will only refund to my credit card which is in defalut and closed, with me paying a fixed arrangement, I really need the money for living expenses as I am on benefit after losing my job due to a disabilty, I also need the money for my bankruptcy, all my other creditors have paid direct to me via cheque, should I pursue this money through the courts, or do they have the right to pay it to my credit card, if they can just credit it to my card there is no point me pursuing anymore charges, as eventually I will be going bankrupt so there is no point my debts being reduced by my charges, my debts are so high, its like a drop in the ocean! and to be honest the whole effort of the paper work etc is too much if this happens.

So my question is there any way I can get the money/offer or does it have to go on to my defaulted credit card, or if I pursue it through the courts will I get my money?

Thanks Helen

[steven4064]

Normally they would have the right to pay it to the credit card. In this case, you say the card account is closed, so I am not sure. Presuambly, they are using the money to offset part of the debt - I think they can do that.

[helenm1984]

Hi,

Yeah I think your right, but I have phoned the oft, who say that they can put a complaint in, as I am on a debt management plan, this is classed as money coming to me, so it should be distributed equally among my creditors? any way I have issued a complaint with the oft, so I'll have to see what hapens, but I think they'll keep my money, is there any pont claiming the rest of my claims as I am debt with all of them, and to be honest I dont really care about reducing my debt as they are too high and my only option is bankruptcy, any help?

Many thanks Helen

[steven4064]

I think you are correct. By allocating all the money to 'their' debt, they are making themselves priority creditors which they are not technically allowed to do. Who will stop them, though, I don't know and it won't really help you anyway. If you only option is bancruptcy, then I agree, why put yourself through the hassel of making charge claims when it doesn't really help anyone? You have 6 years to start a claim - leave it (IMHO).

[helenm1984]

Hi,

Yeah its confusing, but I think I'll leave it! if I go bankrupt tho, can I still claim charges, say in a few years? obviously depending what happens with this test case etc etc... but in theory?

Thanks Again, Helen

[steven4064]

In theory, yes.