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my friend is getting some money back from her bank for something they took they shouldn't have, its 600, but she is going to cab on the 4th of jan to claim bankruptcy but he money wont be return to her account by then, and then when it is we are guessing the bank will then take it back agin to cover her overdraft. is there anyway she can keep the refunded money once put back into her account?

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Only if she can withdraw it straight away or transfer it online somewhere else

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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yes this is true, but she is hoping to get the cash to give to other creditors opposed to it going straight to the bank as this was taken form her own money by mistake by bank.

 

She should be extremely careful giving preferential treatment to one creditor over another; it is illegal. She MUST give all the creditors equal treatment and if that means that 1% of each debt goes to each creditor then so be it; she would have to write to each creditor saying "I cannot give preferential treatment to you over any of my other creditors and with that in mind I enclose a payment of x% of the debt I owe you; this is the same percentage being paid to all of my creditors."

 

If she is made bankrupt, all her creditors will receive treatment similar to the above.

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Letting money be paid into your usual bank account would not be seen as preferential, it's a fact that that is how we all operate our accounts. Paying it in to elsewhere and then giving it to other creditors will be seen as preferential. As she is going to declare herself bankrupt she should just let it be paid in and her OR will deal with it. The OR can overturn any payments she makes that are seen as preferential.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Ah, right, I was thinking in terms of people setting up new bank accounts before suing their old bank for charges to accounts on which they are overdrawn.

 

What you want is the bank to refund your money in the usual way, by paying the court. You get the money from the court, and pay it into your usual bank account. You then pay off debts with it, treating all non-priority creditors alike.

 

Tim

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