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tdlawyer
tdlawyer, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 1096
Experience:  Lawyer with 11 years experience in bankruptcy related issues.
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Hello, I was made bankrupt in aug 2012 and it ended aug 2013.

Customer Question

Hello, I was made bankrupt in aug 2012 and it ended aug 2013. My joint account with natwest was overdrawn by £289 and included on my debts. We have had no letters from natwest chasing my husband for the o/s money since the day I went bankrupt. Then all of a sudden they have applied a default to my husband credit file on Nov 2013. No warning or letters at all. Is this allowed?. And they are now saying they want the the £289 even though a year has gone. Im assuming someone in the insolvency team a natwest has not done there job correctly.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is Tony, I can assist with this.

tdlawyer :

Only your husband was bankrupt, is that correct?

JACUSTOMER-0js3gpgz- :

no I was bankrupt

tdlawyer :

The account was joint, and so you both owe the same amount of money, and if you were not bankrupt, they can continue to pursue you for the money. However, they cannot ask him for the money if he has been bankrupted at the point that money was owed by him.

tdlawyer :

His bankrtupcy would wipe out his debts completely. You would still owe the money, but not him.

JACUSTOMER-0js3gpgz- :

I think there is some confusion. I went bankrupt, he has never gone or been bankrupt.

tdlawyer :

Oh I'm sorry, I meant it the other way around. If you were banktupt, they cannot chase you for the money still.

tdlawyer :

They would be able to pursue him though, as if he was not bankrupted, then his debts still exist.

JACUSTOMER-0js3gpgz- :

They are not chasing me. They have applied a default against his credit file even though we have not received any letters from them since the day they I went bankrupt. Is this allowed even with out giving him the chance to pay it?

tdlawyer :

Yes, this is allowed, because they will have given themselves the ability to do this in their standard terms and conditions.

tdlawyer :

It's only when factually they're wrong that you're going to have the ability to challenge it.

JACUSTOMER-0js3gpgz- :

But I thougth it was law that you have to inform someone that they be getting a default? a wrning letter? We have not heard from them or asked him to pay. This is my issue. If he was asked to pay the negative balance then surely he would never have got a default

tdlawyer :

No, there is no aw requiring a letter be sent before they register a default.

JACUSTOMER-0js3gpgz- :

So how is it fair that he has received a default? Because if natwest asked him to pay it he would have and then there wouldnt be a default? Can you see where Im going with this. We have had no correspondence from them for this account.

tdlawyer :

It doesn't seem fair at all and I do see absolutely where you're going with it. However, sometimes the law isn't always fair and it doesn't seem fair either.

tdlawyer :

Is there anything else you would like me to clarify for you about this?

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