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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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      I was in Sainsbury’s today and did scan and shop.
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Can someone tell me if it is possible for a discharged Bankrupt to reclaim bank charges - i have just had a call from a company offering their services. Banks were both creditors barclays and A and L

thanks

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Hello daisyda,welcome to the CAG. I Just cant get to the bottom of this.I have found this,elsewhere,Did you make your OR aware of the bank charges claim at the time and was a county court claim filed? If the account was part of the Bankruptcy then I believe the answer is that you have given up the right to that money.However i allways believe in theres no harm in trying.If they write back saying the same thing,the wondering will be over for you.I managed to keep a account open which had many charges over the years through my bankruptcy,with the ORs and banks permission,and due to my discharge finishing hopefully in October i will be trying for sure,to stop the wondering.As for the phone calls offering the service.forget them,they will probably want a upfront fee or percentage. Many scams operating.http://www.guardian.co.uk/money/2008/nov/02/bank-charges-claims-mangement-firms you can do it yourself with help thats available here.Besides what can they do as everything is waiting for the final decision at the moment unless they accept a hardship claim.Many people will advise you here,keep posting and ask any questions you have,Tawnyowl.

Edited by tawnyowl

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As the original charges relate to a period prior to your banruptcy any refund would go to to your creidtors and the OR. It works on the same principle of an inhritance that was incurred prior to the bankruptcy but wasnt paid until after discharge

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Have just found this,hello i was discharged from bankrupcy 5 months ago and i am currently in the process of claiming bank and credit card charges back .some of the banks were included in my bankrupcy that i am claiming from if i get any money back can they keep it saying that this is part of what i owed them

 

Answer: Once your bankruptcy is discharged it is over and any reclaimed charges you were to receive would be yours. The banks would not be able to claim these funds back from you. It also said any charges received during bankruptcy would go towards your creditors.

 

 

 

 

 

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