Debt occured AFTER bankruptcy?!?!

YamahaR6

Hiya

I went bankrupt in August 2009 following a relationship breakdown. It's been a pretty straightforward and uneventful run for me since then. I managed to get a mobile phone contract and have built a pretty good credit history.

I was pretty shocked when a couple of weeks ago I received a letter through my door from a debt collection agency (Robinson Way) saying I owed the Halifax £114 on my current account. I contacted the Halifax who refused to speak to me, they simply said the debt wasnt included in my bankruptcy and i needed to deal with Robinson Way direct. I had no record of this account and the account number they had quoted didnt match my old paperwork so I wrote a complaint to the Halifax and ignored all harrassment from Robinson Way until I could get a response.

The Halifax have written to me today and stated the following:

"After looking through your records further, I can see the above balance is from a cardcash account, which was last used in September 2009. You left the account £6.84 in credit but pre-notified fees of £35 then debited, taking the account into a debit balance. Interest has applied to the overdrawn balance, before the account eventually closed with £114.79 outstanding. As the account went overdrawn after your bankruptcy in August 2009, this would not have been included. However as the balance is all fees, I will be happy to bring the balance to zero and no further action is required. This type of qccount does not have credit facilities, hence why you were unable to find it on your credit file."

Now im pretty pleased that they're not going to continue pursuing me for this..but i dont understand their explanation of how they were able to in the first place.

When I went bankrupt i surrendered all of my cards and my accounts were frozen. How are a bank then able to add chargss to an account AFTER your bankruptcy and then pursue you nearly six years later claiming they werent included?

I can see loads of people being caught out like this as most people who go bankrupt will have pending charges waiting in the wings to be added to their accounts!

Hannah

tigerfeet2006

The reason they have backed down is not because they are being nice but because they are in the wrong, it was included in your BR.

alastairq

As tigerfeet says, the account pre-dates the BR...
What annoys me....slightly, so that DCA's don't feel they've scored points....is that these financial institutions haven't the decency to admit they are wrong, and apologise.

I had a similar response when a solicitor took me to Court [online], on behalf of a DCA... only to find out what they already knew...that I was prepared to use the ultimate defence.[Bankrutpcy].....in other words, I knew what I was doing......which, in many cases, they hope isn't the case.

The response I got from them didn't mention any sort of apology at all...merely that they were no longer proceeding with the claim.

In a way, I was disappointed..and still hope they decide after all to go ahead with it.....then I can have a day in Court, and counter-claim all sorts of costs.

But it is the impression they seek to give, that even though the Bankrutpcy over-rules any claim....regardless....they may well still have a go in the future.

The debt no longer exists.

No matter how much they wish it still did.

And it is this attitude of 'hoping to catch folk unawares.....' even though not legal, that confirms to me my attitude towards that sort of creditor, and the effect Bankrutpcy has.

I'd be inclined to claim compensation for the stress?

fermi

Legal definition of a bankruptcy debt.

382 “Bankruptcy debt”, etc.

(1)“Bankruptcy debt”, in relation to a bankrupt, means (subject to the next subsection) any of the following—

(a) any debt or liability to which he is subject at the commencement of the bankruptcy,

(b) any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy,

YamahaR6

That's ace thanks guys.

Im tempted to respond and include the definition posted above as their letter also stated..."I hope ive explained why I believe we havent made a mistake. I appreciate the trouble you have taken to get in touch. I hope ive explained what has happened and been able to resolve your complaint satisfactorily."

Clearly they have made a mistake from what you guys have said! Not sure what good it would do me though.

Hannah