Reclaimed Unfair Credit Card Charges After Bankruptcy

paulianne

Hi, I am new here but having problems because I have been an idiot and not read up on stuff before I made claims. I was bankrupt in 2008 and discharged after six months with an income payment arrangement which I paid for three years until I was made redundant. The OR closed all my case down in April last year. I recently made a number of PPI claims some of which fell into the bankruptcy. After reading posts it seems that any monies from these claims still belongs to the OR. I recently was awarded £150 from RBS who directly returned that money to the credit card without any notification to me or the OR. I have questionned this with RBS who have not yet replied. Apparently these cards are left open even after bankruptcy. My problem is this, as I have used a third party to claim (again being an idiot and not reading this site) I have incurred a £45.00 bill from them for their trouble. If RBS had returned the money to the OR I would have been able to try and negotiate that fee money from him at least for getting some money back under my own steam but I am unable to do that now as they have snatched it right back. I am out of pocket and it's my own fault. When will I ever be free of the OR? I paid back on my bankruptcy to the tune of £600 per month while I was working for almost three years. Sad story but have I got anywhere to go??? There are other claims I made which also fall into the bankruptcy so I am very worried now as these are PPI claims with quite hefty policies on them, all these have contributed to my bankruptcy in the first place and I am now in a situation whereby the third party fees are likely to make me bankrupt again. Hope this makes sence.

dunstonh

I recently made a number of PPI claims some of which fell into the bankruptcy. After reading posts it seems that any monies from these claims still belongs to the OR.

That is correct and verified on the Govt Bankruptcy site.

My problem is this, as I have used a third party to claim (again being an idiot and not reading this site) I have incurred a £45.00 bill from them for their trouble.

That is bad news. However, the ministry of justice guidelines to claims companies put the onus on the claims company to find this out. Yours didnt so you should complain refer them to the MoJ bulletin. If they still hassle you then take it to the MoJ

http://www.justice.gov.uk/downloads/claims-regulation/cmr-bulletin-jun-2012.pdf

If RBS had returned the money to the OR I would have been able to try and negotiate that fee money from him at least for getting some money back under my own steam but I am unable to do that now as they have snatched it right back.

You were never getting this money though. The firms are allowed to use the redress against unpaid debts in arrears, default or written off.

When will I ever be free of the OR?

Yes. But this was a pre OR asset. Not yours.

all these have contributed to my bankruptcy in the first place

So did your weekly food bill, utilities and every other penny you spent on things. You cannot isolate these as being at fault.

pooch

paulianne wrote: »

Hi, I am new here but having problems because I have been an idiot and not read up on stuff before I made claims. I was bankrupt in 2008 and discharged after six months with an income payment arrangement which I paid for three years until I was made redundant. The OR closed all my case down in April last year. I recently made a number of PPI claims some of which fell into the bankruptcy. After reading posts it seems that any monies from these claims still belongs to the OR. I recently was awarded £150 from RBS who directly returned that money to the credit card without any notification to me or the OR. I have questionned this with RBS who have not yet replied. Apparently these cards are left open even after bankruptcy. My problem is this, as I have used a third party to claim (again being an idiot and not reading this site) I have incurred a £45.00 bill from them for their trouble. If RBS had returned the money to the OR I would have been able to try and negotiate that fee money from him at least for getting some money back under my own steam but I am unable to do that now as they have snatched it right back. I am out of pocket and it's my own fault. When will I ever be free of the OR? I paid back on my bankruptcy to the tune of £600 per month while I was working for almost three years. Sad story but have I got anywhere to go??? There are other claims I made which also fall into the bankruptcy so I am very worried now as these are PPI claims with quite hefty policies on them, all these have contributed to my bankruptcy in the first place and I am now in a situation whereby the third party fees are likely to make me bankrupt again. Hope this makes sence.

I guess that's certainly one way of avoiding your debts again.
Go for it

magpiecottage

paulianne wrote: »

I have incurred a £45.00 bill from them for their trouble..... I am now in a situation whereby the third party fees are likely to make me bankrupt again.

For £45?

You would need to run up debts of £750 or more to be bankrupted.

However, I agree with DunstonH.

Complain to the ambulance chaser that they missold their services and if necessary go to the MOJ (consumer@claimsregulation.gov.uk) and ask them to intervene.

Do name and shame, though. (Actually, they have no shame but still name them).

paulianne

Thank you for your comments, and information I appreciate them.