Reclaiming charges, but bankrupt (merged threads)

Keen_to_save_the_Green · 25 October 2006 at 5:08PM

I have followed the procedures in the Claiming Unfair Bank Charges threads, and on 20th October sent my letter claiming 'x' amount to LTSB.

I just need a few questions answering. My account was closed by LTSB as I was made Voluntarily Bankrupt in April this year. (Not an easy decision to make!)

I paid £10 and requested statements and reports on the charges taken from my account. I received these before the account was closed. The Bank received my letter after my account was closed.

1. Can I still claim the money taken from me in unfair bank charges?

2. Can they claim this money back as part payment for the debt in the bankruptsy?
3. What is a reasonable time to get back in touch if I haven't received a reply? I used the letter template in the forum.

Many thanks

Rafter · 25 October 2006 at 5:39PM

If the amount you are claiming is less than the amount you owed them when you were declared bankrupt they I can't see any reason why they should refund you!

R.

oldwiring · 25 October 2006 at 5:49PM

Rafter wrote:

If the amount you are claiming is less than the amount you owed them when you were declared bankrupt they I can't see any reason why they should refund you!

R.

Practically they would offset it against the amount owed surely. so that you would get nothing anyhow.

Xbigman · 26 October 2006 at 3:51AM

You can't claim anything, the OR would do it if it was worth it, and to the OR its not.

So, no, you can't claim anything.
Regards

X

pipkin71 · 15 November 2006 at 5:38PM

someone I know is claiming back bank charges despite bankruptcy because the charges were taken from income support and I can only go by what I was told, but they have had an offer which is less than the amount in charges so has been refused. The person i know has been discharged from bankruptcy so does not have to inform the official receiver.

Lizzy · 15 November 2006 at 6:19PM

The was a thread on this on the CAG.

The lady was about 2 weeks from winning her claim against the bank, it suddenly dawned on her that the OR would have to be informed. When they were they had NO interest in her claim that does not mean yours wont.

Your problem will be is how much did you owe the bank when you put it into receivership ? If it was made up of all charges then its yours to get back and keep but if not the bank will take what can't be proved as charges.

Eg if you walked away from the bank leaving them with £5k of debt and your charges came in at £2.5k then at least you will be ahead.

Claiming off a closed account is just the same as an open one.

Your prelim letter should have given them 14days to respond, did it ? if so don't worry they often ignore you, you get used to it after a while

check what you need to know from the OR and its then a LBA (letter before action). Be aware of the £5k small claims limit.

Lizzy

tigtig · 17 November 2006 at 3:55PM

Hi

My Girlfriend went bankrupt 2 years ago, she is now discharged. Before she went bankrupt the bank and credit card companies were adding loads of charges to her accounts for late payments etc.

The question is, is it legal for her to claim these charges back from the banks and credit card companies. we are not sure but would like to give it a go.

Hope that makes sense

Thanks

confusedguy_2 · 18 November 2006 at 3:05PM

Hi there, i have been helping friends with this process, and was thinking, as a discharged bankrupt can i claim for my charges over the last 6 years on the accounts that were involved?

Can anyone guide me on this?? or point me in the right direction?

Many Thanks!

Kevicho · 20 November 2006 at 1:00AM

I doubt it would be because in reality she hasnt lost out in any way.

And from a moral aspect going bankrupt means not repaying your debts, it wouldnt be exactly fair for someone to not pay back what they owe, then sue someone for charges, the money she would reclaim in charges probably would have gone towards debt repayment if she hadnt incurred them

Then again this is banks we are talking about, so morality isnt a good standpoint to take

uktim29 · 20 November 2006 at 6:56AM

Also wouldn't they have been written off anyway?

folkestonelisa · 20 November 2006 at 3:53PM

In august 2006 we were made bankrupt through having plenty of penalties imposed on our various cards and bank accounts.

I was wondering if i could claim for them or would it be pointless. I do believe that it could run into thousands.:rotfl: :rotfl:

cheeky i know but every penny helps:j

Reclaiming charges, but bankrupt (merged threads)

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