Newbie - lift say – hardship – help!

[danandjody]

I am really sorry to ask a question I know will have already been asked, but I am really confused at the moment as my case was stayed in 2007.

 

I haven’t thought about it for so long I am a bit rusty!

 

I followed moneysavingexperts guide to get charges back and 2 weeks before my court hearing the radio announced banks could apply for a stay!

The amount is for a little under £4,000 over the 6 years previous to court action. I applied for stay to be lifted under hardship as I am a single mother and on benefits, I was behind on my rent, council tax and all areas of my finances but the judge’s words were “all cases are to be stayed in all circumstances” and the stay was kept and I lost. The bank carried on compounding charges and I lost total control of my finances and had to declare bankruptcy.

 

I have just received my early discharge letter from the insolvency service and feel it may be time to try again for the stay to be lifted as there are a number of debts that were not written off with bankruptcy and I am still in financial hardship.

 

I think that when I applied for the stay to be lifted last time I wasn’t prepared properly and think its best if I take each step while posting in one of the forums so I can get the appropriate advice along the way.

 

Where is the best post for me to start reading and what should my next steps be please?

(Sorry!)

[yourbank]

Don't bother with getting the stay lifted because there are no grounds to do so in an English court.

Focus on going bank to the bank

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

"2.

In making an assessment of financial difficulty the firm will take into account:

a.

evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii.

repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

The above is from the waiver. Tick the boxes from 2(a) and 2(b) and then send a letter in referring to the previous letters and include charges since July 2007.

[headoutthesand]

Was the account you are claiming on a part of the bankruptcy ?

[danandjody]

The account in question was subject to bankruptcy but only the overdraft (£500) that the judge insisted upon to keep the status quo. The £4,000 was nothing to do with that as the overdraft accumulated after the stay.

[yourbank]

The account in question was subject to bankruptcy but only the overdraft (£500) that the judge insisted upon to keep the status quo. The £4,000 was nothing to do with that as the overdraft accumulated after the stay.

I missed that crucial point. If the account where the charges were levied were part of the Bankruptcy then you cannot claim the charges back, since effectively you gave up on all debts at the point of bankruptcy.

Did you bring up the court action with your receiver at the point you were made bankrupt?

[danandjody]

Many thanks

So it’s not possible to apply for the stay to be lifted under the grounds of hardship?

I take it that from the answer given I can only send a letter to the bank as instructed.

What kind of response from the bank should I expect?

And what should the subsequent steps be?

Also these charges were taken directly out of child benefit payments.

Is there a specific template letter I should use?

 

Thank you!

[danandjody]

The receiver was made aware of the court action with the bank.

She specifically told me it wouldn’t effect the case as it was only the overdraft component of £500 to be written off.

[danandjody]

The bank debt wiped out with bankruptcy was for a £416.08 with newest collection centre.

On the sheet (bankruptcy petition) it asks”

Are you involved in any legal proceedings if yes pleas give brief details” and quite clearly printed below I have given details of the court case details.

 

What would be the outcome if I didn’t submit this info and what is the resulting impact with what I have stated?

[gizmo111]

What debts weren't included in the BR?

The reclaim money is not yours it is part of your BR estate and should go to the OR.