Hi girl10.

I think that the incredibly unhelpful response to your question is that you'll have to wait and see.

If NRAM believe that they have a liability to you I can understand that they'd want to make checks that the money doesn't need to be paid over to your former trustee. They might have a problem if they accidently did that.

Presumably the trustee will tell them that they have no further interest in the matter.

NRAM might then decide to send you the money.

Equally, like RBS with PPI and trust deeds, they might feel that they're justified in holding onto the money if they lost money as a result of your bankruptcy.

I spoke with my insolvency practitioner this morning and they confirmed they would keep the refund, I explained to them I had spoken with nram who are happy to credit my mortgage account with the refunded as I have 2 months mortgage arrears outstanding but they can't do this until I get a fax confirmation from my insolvency practitioner.
Nram are refusing to contact them for confirmation as they said its up to them to contact them about my refund and my insolvency practitioner said they wouldn't contact nram without getting something in writing from them!
I am at a loss what to do, can you suggest anything?

Hi girl10.

I may be misunderstanding. Your insolvency practitioner said that they would be keep the refund (as in the insolvency practitioner... or NRAM)?

Yes the insolvency practitioner said they would keep the refund issued by nram as I have had my automatic discharge 2 years ago but my 3 years isn't up yet, I asked nram if they could credit my account to pay my arrears off instead of issuing a cheque but they said they could only do this if they got approval from my insolvency practitioner

Hi girl10

I think you should be asking your Trustee under what authority he will be keeping the payment as you have been discharged. The payment itself will be treated as acquirenda by the Trustee, however your discharge kills this stance.

Mark

I did think that to and they told me I had my automatic discharge after one year and because my 3 years isn't up yet, the money would go to them as I'm still contacted my make payments for another 10 months.

They also said If the cheque did go to me I would have to forward it on to them or I would end up with a large tax bill.

I did call back and asked to speak to some else who said I should forward all my paper work into her and she would speak to the trustee to find out if the refund can be paid onto my mortgage to clear my areas.

Your Trustee would not have the inatals KWP , by any chance ? .

Have you been making a regular payment before and after your bankruptcy discharge girl10?

Hi, I make an £80 payment to them every month, i was told I would have to make this for 36 months and I have 10 months left of this and have never missed any of my payments. I was declared bankrupt on November 2011 and I stared paying my £80 in September 2011.

No my trustee doesn't have thoughs initials

This seems a bit odd girl10.

Let us know how you get on. I'll be surprised if they don't end up reducing your mortgage balance.

Hi, just had a letter in from Wylie & Bissit saying i won't get my refund from NRAM and they wont allow the refund to be credited to my mortgage account as i had paid this before entering into bankruptcy.

Very disappointed [|)], i have read on other forums other people in my situation has had the refund sent to them and also because i have a letter from NRAM saying they would credit my account.

7 months of hassle for nothing [|)][|)][|)]

I do sympathise with you, girl10, however I think your trustee is correct in the stance they have taken.

It is quite a fine technical point, but if the claim relates to a CCA agreement signed before the date of sequestration then it is what is called a contingent asset. I.e. a potential asset that exists at the date of sequestration. As such, strictly speaking it "vests" in your trustee for the benefit of your creditors.

It is not acquirenda, which is a windfall that only comes into existence after the date of sequestration and which would not vest in your trustee once you have already been discharged.

It is very unfortunate that you have put in the effort to get this refund and won't benefit and it is no wonder you are so disappointed.

I had a letter this letter from nram saying they could not investigate my ppi
Claim unless I get permission from my trustee .and that I was bankrupt,
When in fact I was not bankrupt I was on a trust deed, and was discharged 3 months
Ago from my trustee. I have my mortgage with nram and kept paying that .they had no
Part in the trust deed any advice welcome.

Hi zaffer.

Has your trustee been discharged? You can check on the register of insolvencies if you're unsure.

They may have stayed in office to deal with PPI. If they have, such claims won't be restricted to the creditors included in your trust deed.