Bank Arrestment - Debt Watchdog
  The independent answer to your debt problemslogin  join  
home | Debt Forums | Bankruptcy Forum


   Bank Arrestment

unholygirl
03-08-2009 07:05 PM

Joined: 03 Aug 2009
Posts: 4
I had 2 bank arrestments made late last year and early this year that i have not released (and a further one that i did release).

The reason i didn't release them is because a)i couldn't afford the £20 per release fee and b)it was money i couldn't afford to lose either, as it was wages (and funnily enough, although they could not arrest my earnings as they were below the threshold, they COULD arrest my bank which my wages were paid into! - how this is legal is beyond me)

Them arresting the money led to me getting further into debt until i applied (and was granted) for bankruptcy in April of this year.

Going through some old bank statements, i noticed that there were 2 arrestments that i hadn't released, contacted my bank who told me to ask the creditor to write to them confirming i no longer owe the money due to bankruptcy and they would release the money back into my account.

When i contacted the creditor, they told me that i still had to release the funds to them to be paid towards the debt i had incurred up until that point. Although while applying for bankruptcy, i was advised once bankrupt, i would only be liable for debts incurred after my sequestration.

Although i am now up to date with all my bills, i still cant afford the £40 it would cost to release the funds to them.

Can anyone tell me if i am legally obligated to release the monies to them and if so, what could happen if i cant afford it?

Thank you.


paladin 04-08-2009 11:47 AM

Joined: 06 Jun 2007
Posts: 240
My Profile
Hi unholygirl - still eating humble pie form your last post!
Have you spoken to the Official Receiver about this, he should be able to advise you.

You are right your debts should all be cleared after the bankruptcy. definitely get in touch with your IP -they have earned a lot of money form your sequestration- and get this matter cleared up.

P



unholygirl
04-08-2009 11:57 AM

Joined: 03 Aug 2009
Posts: 4
Thanks :)

I got a reply from AiB this morning (Accountant in Bankruptcy) as they are dealing with my sequestian and according to them, when i was made bankrupt, i defintely am NOT liable for any charges before the date my sequestrian was awarded. And they have advised that any remaining bank arrestments.....regardless of whether they were served before or after my bankruptcy.......should have been uplifted.

Of course the creditor is still refusing to do so, so it looks like a trip to the CAB is in order =/





 



Copyright Title Tags Ltd Registered in England and Wales No. 05955435 All Rights Reserved.
Licensed under the Consumer Credit Act 1974: 618869.
Data Protection Act Registration Number Z1165609.
debt advice | terms and conditions | contact | privacy | useful resources

call for free debt advice
0800 007 5722*