First letter from creditor following bankruptcy order. I'm confused (dot com!)

PockettMoney

Unfortunately had to include my credit card company as a creditor, was given my bankruptcy order last week and have now had a letter from the credit card company which confuses me. They write to say they have been advised I have a bankruptcy petition against me, which breaks my card terms and conditions. They have sent me a default notice. The letter all seems pretty straight forward. It's the attached default notice that I don't understand. In particular...

"The Credit Agreement between you and the Bank states that if a Bankruptcy Petition is presented against you, subject to sending you a Default Notice, we may close your account and demand immediate payment of the outstanding balance."

There is also another part that says "the bank will not take you to court to get a judgement against you for the amount you owe under this agreement whilst the Bankruptcy Order is in place."

Does this mean once the bankruptcy restrictions against me are finally lifted, they keep this amount on file and then take me court to try and reclaim it? Conused. Dot com.

blind-as-a-bat_2

thats a very badly worded (or carefully worded depending on your point of view) letter

No they cant come after you after dischrge as the debt will have to have been written of by then, barring any legal action.

I cant help feeling the wording has been changed to take int account of the new DRO's coming in as the order on those can be lifted if you lied, or your circumstance improves before discharge, that may be what they mean when saying "whilst the Bankruptcy Order is in place"

Normal BR,s can be withdrawn too, but only for a few reasons, and i have never seen it happen, but it does fit that wording too.

Personaly i think its just another way the creditor can impose unescesary stress on the debtor :rolleyes:

PockettMoney

Cheers. I was going to try and go along to Citizens Advice Bureau withthe letter at some point this week but perhaps I won't take up their otherwise busy time then.

fermi

PockettMoney wrote: »

Does this mean once the bankruptcy restrictions against me are finally lifted, they keep this amount on file and then take me court to try and reclaim it? Conused. Dot com.

Nope. The order is still "in place" even when you are discharged.

As bat says, the order would need to be annulled/set aside for that to apply in such a way that the debt was not satisfied.