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Charliuk

Charliuk vs First Direct

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Hi!

 

I am feeling nervous!

 

I got my statements through this morning and have paid an unbelievable £1658 in the last 6 years.

 

I am worried because I had to bankrupt in May last year and the First direct acount was closed but left in deficit. My husband is now responsible for this debt and I am not allowed to make any payment towards it.

 

As it is just me claiming the refund, i wondered if they were able to insist that any refund go towards the deficit. It certainly would help to bring the debt down, but it would also be good to have a bit of money in the bank!

 

Also I am confused about the interest. Another site suggests claiming the interest in the first instance, but this once suggests only claiming the interest if it goes to court. Claiming the interest adds another £519.89 to the claim.

 

Please help as I do not want to send off the letter until I am happy I know what I am doing.

 

Thanks

 

Charliuk

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Prelim sent to FD 04/01/07 - £1919.26

 

I missed a few charges the first and second time of checking so the figure just kept going up and up.

 

Charli

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Recieved acknowledgement letter from FD.

 

Still not sure whether I should go ahead cos of bankruptcy in May 06. Havent been advised either way whether I have a claim or not.

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Im not sure on this one, im sure there is a thread knocking about somewhere about it though! Someone may know the exact thread im just trying to think of where i saw it!

 

best of luck

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Most of the threads on bankruptcy were prob started by me anyway. But no one seems to know exactly where I stand. I got completely slated when I posted on another sites forum.

 

So for the moment I will just trundle on and see how it goes!:-|

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I have no legal knowledge of this but assuming a fairly logical process as this seems to be then there should be no reason for you not to claim, you have still been charged illegally which may have contributed to your bankrupcy so even if the money goes to pay outstanding debts its still worthwhile doing

 

Rich

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Thanks for your encouragement guys. The account is also in joint names and my husband is not bankrupt.

 

Nothing from FD to date so sending LBA today.

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Well some good news and some bad.

 

I received an offer letter today which had me jumping around in excitement! An offer of £1467.00. I had decided to accept this to avoid going to court in light of my bankruptcy and the money we still owe first direct.

 

The letter states that they are offering to make the payment to me as full and final settlement. But on the next page where I have to sign, it states that they will make the payment straight into the account towards the outstanding debt. This in itself is fine, but a thought has occured to me that my official receiver will consider this a preferrential payment to a creditor.

 

My argument is, that the debt on the account is actually nothing to do with the charges. These were three loans taken out which up until the bank closed the account suddenly were payed up to date without a payment being missed. The account was closed shortly after xmas 2005 due to my husband being out of work over christmas. This then led to returned payments and the charges then took us over our agreed limit. They advised that they needed the overdraft cleared immediately or they would close the account. Even though my husband was again working and they would only have had to wait for a few weeks for it to be cleared totally. Closing my account then led to me not having a direct debit account to pay any bills hence more debt and bankruptcy. Blah blah blah!

 

 

i freely admit that the account was not run in the perfect manner, but then who's is?

 

I could really do with that money and wondered if they could really insist that it goes back to them. The account is in joint names and as such my husband is the one who is responsible for the amount outstanding and is in an IVA with them.

 

Any advice appreciated if you have got this thread without giving up!!

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I'd write back saying you accept on the basis of a cheque being paid to you

 

I am sure i've seen others do this and get the cheque but can't reference anything

 

Or tell them the full story that you cannot have it paid to them as there is an agreement to pay and preferential creditor thingy etc. so it is not acceptable to pay it off the debt

 

Good luck

 

Rich

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Do the former I think. You don't have to give them a reason, simply tell them you wish to have it paid by cheque. Don't sign their letter, write your own.


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I spoke to the insolvency people, and they confirmed that I cannot make this payment without being taken to court. they need to look into it further as they did not know anything about claiming back bank charges. They are calling me on monday so should know what to do then.

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Well insolvency havent phoned back despite me chasing them up again. So I have retyped the acceptance letter and added that due to bankruptcy restrictions the money is not able to go back into the account so must be in a cheque made payable to me.

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As yet there has been no response to my acceptance letter. How long should I leave before I chase it up and how would I chase it up?

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Well, I won against first direct.

 

Why so glum? I hear you ask

 

Got a call from FD on Friday last week. They had spoken to the insolvency people and come to an agreement between themselves that 50% of the money would be payable towards my bankruptcy fees and the other 50% would go back in to the account towards the oustanding debt.

 

I would have prefferred to be able to make that decision myself, but its done and it is a hefty amount off what we owe them. So a bit of a win and lose situation there!

 

So anyone else who is currently bankrupt, we now know that you will lose the money to the insolvency people. They also advised that they are going to put in a process where they will automatically go after any bank charges on behalf of the person going bankrupt so that any money goes straight to them.

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