Getting money out from your bank after BR

whoopsydaisy

Hi,

Hopefully this is a nice easy short question....

I went Bankrupt last week, my OR has gone on holiday for 3 weeks, and my tax credits and CHB has gone into my old bank account (about £240).

I'm going to have to go into my bank and take it out. I was told by the OR's office just to give them my BR notice and they'd have to give me the money anyway.

I can't go until next week as this is when the last tax credit payment goes into that one (it takes a while from them to switch it apparently).

I owed them thousands and thousands and thousands etc.... and they obviously don't know that i'm bankrupt yet as my bank account is still active (although I have not used it)

1) Do I need a letter of appropriation thingy?
2) Does the OR actually need to call them?

Or should I just take the BR order as advised as it seems to me that it's a bit weird that that's all i'd need

thanks

owetoomuch

Someone with more help will be along shortly, but when I changed my bank details with the tax credits people they did it instantly and also had my childrens allowance changed for me, I did this over the phone and they couldn't have been more helpful.

whoopsydaisy

I phoned CHB and they switched the tax credits for me too, but i was told that my monday payment from them would definitely go into my old account and it was likely that the tuesday payment from tax credits would go in too, they couldn't tell me if any further tax credit payments would go into this account, as tax credits use a different system. Why does my OR go on holiday when I need her.....

fermi

I'm not quite sure why you should have to show your BR certificate to the bank. I would have thought that would be more likely to cause hassle with the bank and getting the money.

Although, I suppose if you don't tell them you are BR and operate the account to withdraw cash the bank could cause hassle later saying that you shouldn't have without permission. Maybe your OR is thinking along those lines.

Normally the "OR" handing your case is simply one examiner of many at the local OR's office. There is only one person at the office who is actually the legal "Official Receiver", and all the rest are minions.

Just because your examiner is on holiday doesn't mean you have no right to ring up and ask urgent questions about your case and affairs. If a query requires them to get up to speed on your paper work, or send something to the bank saying to release the funds, it might just take a little bit longer than normal to sort it out. In the end the Insolvency Service is a public service and they are public servants, and you have a right to have your queries dealt with.

wherediditallgo

I agree with fermi. When my OR didn't answer one of my questions sent by e-mail for weeks, I rang up & got the name & e-mail address of his manager, then forwarded the e-mail to him. I had a reply the next day. Dealing with BR situations may be an everyday occurrence to them, but it's a one-off for the vast majority of us. None of us want to deliberately tread on someone's toes, but we're entitled to prompt resolution of our queries, & if your OR won't/can't give it, you're entitled to contact someone who will.

I would ring up & get the name, direct telephone number & e-mail address of your OR's manager, then ring them & explain the reason for your call (ie your OR is on holiday & you need X information) - they should be able to tell you who is looking after your case while your OR is away, & give you their telephone number & e-mail address. If you don't get to speak to the manager themselves, send the manager an e-mail marked 'Urgent' & if your e-mail system allows it, set things up so that you get delivery & read receipts. That way, you'll know when they've actually got it regardless of whether they respond or not. If you don't get a response by the day the money would have gone in the account, I'd then take the BR order to the bank & get the money, then tell the OR or his manager that you've done it because you didn't hear from them & had previously been advised that you were entitled to get the money that way.

JCS1

phone the OR's office, it may be that your case officer or examiner is the one on holiday - in that situation the other one will be able to assist., Give you court reference number to the person on the front desk who answers the phone and they will direct the call for you.

With regards to your bank, it is unlikely that the OR has any interest in the monies, and so the case clerk will send a letter to your bank releasing the monies to you. This often has to go to a special bankruptcy section of a bank, but the OR will be able to fax/post a copy to your local branch to speed things up.