out of bankruptcy apr 08

jobsworth123

i went bankrupt apr 07 left 12 months later, all went well

i started to do the PPI thing from the same bank i owed money too told my claim experts gladstone brookes and they said ok not a problem ,

6 months down the line i accepted a offer of a little over £1000.00
i thought it was more from letters i found and i was paying £75 a month PPI i added it up to about £4300

so i got cheque other day and it was named to THE OFFICIAL RECEIVER
which made me mad as what i read after is that they said we are keeping the other £3644.00

i thought that when your out of your 12 month bankrupt order its over
as i asked my receiver if i won lottery ( wish and still waiting ) in the order id have to pay , after ther 12 months even 1 day after no more money to be paid its over

so heres my question IS THIS LEGAL for them to do this and the bank got in touch with receiver and bank or receiver never got in touch with anyone me or GB

hope someone can help me

kindest regards mick

magpiecottage

It is perfectly legal.

At the point of your bankruptcy, you owed the bank, and presumably other people, money that they never got back.

The bank has now established that, as a result of its error, it also owed you money at that time and has set one debt off against the other.

This left a surplus which is an asset that you had at the point of your bankruptcy and so it has to be made available to other creditors and you must pass it on to the receiver.

Had the missale taken place after your bankruptcy was discharged it might have been different.

Have Gladstone Brookes invoiced you?

jobsworth123

could i argue that with OS i need this money for getting my business off the ground which i just started

roonaldo

jobsworth123 wrote: »

i thought that when your out of your 12 month bankrupt order its over
as i asked my receiver if i won lottery ( wish and still waiting ) in the order id have to pay , after ther 12 months even 1 day after no more money to be paid its over

but all those debts you used to have are no longer yours as you were made bankrupt, so your debts are wiped. It doesnt mean your creditors are not still owed money.

magpiecottage

It is a pre bankruptcy asset so it is NOT your money.

A lottery win would be a post bankruptcy asset.