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Do I have the right to claim bank charges?
mistalee
Posts: 54 Forumite
I am unsure about 2 personal cases, any advice would be appreciated
1. I had my own small business(sole trader) for a year in 2001 - 2002
Week after week, month after month I was getting £30 charges from Clydesdale bank plc for either bounced cheques or overdrawn. All unintentional. I don't have the records of these anymore which I guess doesn't help as I went bankrupt in 2003 and lost my house etc etc
2. As I said above, I lost my house due to bankruptcy. Mortgage at the time was with Northern Rock but, to enable us to stay in the same house, Tenants first purchased the house direct from NR WITH NO INVOLVEMENT FROM US. We then just started to pay rent to TF.
6 Years passed before we accidentally discovered that there was still £19k outstanding from the shortfall in sale to TF which we knew nothing about which we had to pay back. In the end(only last year) They accepted a settlement figure and we are now clear of it. But in those 6 years, they had been adding late payment charges of £25 every month! Very unfair I felt as we knew nothing of the shortfall in that time.
Would I have a case with any of these to situations?
Regards
1. I had my own small business(sole trader) for a year in 2001 - 2002
Week after week, month after month I was getting £30 charges from Clydesdale bank plc for either bounced cheques or overdrawn. All unintentional. I don't have the records of these anymore which I guess doesn't help as I went bankrupt in 2003 and lost my house etc etc
2. As I said above, I lost my house due to bankruptcy. Mortgage at the time was with Northern Rock but, to enable us to stay in the same house, Tenants first purchased the house direct from NR WITH NO INVOLVEMENT FROM US. We then just started to pay rent to TF.
6 Years passed before we accidentally discovered that there was still £19k outstanding from the shortfall in sale to TF which we knew nothing about which we had to pay back. In the end(only last year) They accepted a settlement figure and we are now clear of it. But in those 6 years, they had been adding late payment charges of £25 every month! Very unfair I felt as we knew nothing of the shortfall in that time.
Would I have a case with any of these to situations?
Regards
0
Comments
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I am unsure about 2 personal cases, any advice would be appreciated
1. I had my own small business(sole trader) for a year in 2001 - 2002
Week after week, month after month I was getting £30 charges from Clydesdale bank plc for either bounced cheques or overdrawn. All unintentional. I don't have the records of these anymore which I guess doesn't help as I went bankrupt in 2003 and lost my house etc etc
2. As I said above, I lost my house due to bankruptcy. Mortgage at the time was with Northern Rock but, to enable us to stay in the same house, Tenants first purchased the house direct from NR WITH NO INVOLVEMENT FROM US. We then just started to pay rent to TF.
6 Years passed before we accidentally discovered that there was still £19k outstanding from the shortfall in sale to TF which we knew nothing about which we had to pay back. In the end(only last year) They accepted a settlement figure and we are now clear of it. But in those 6 years, they had been adding late payment charges of £25 every month! Very unfair I felt as we knew nothing of the shortfall in that time.
Would I have a case with any of these to situations?
Regards
Sorry, I do not follow what you are attempting to explain.
You maybe better asking a Board Guide to move this thread to the Bankruptcy & Living with it board where you may receive an improved response.
I don't understand why, if you were going bankrupt, you didn't put all your debts into the bankruptcy.
Then again, you appear to have made an agreement with NR as to a settlement figure so probably the matter is considered closed.
Or would you prefer they re-open the case so that you could pay them all you originally owed plus interest? Maybe worthwhile asking if you think the amount to be recovered will exceed the amount written off ... otherwise I would suggest you let sleeping dogs lie
If over 6 years passed and no attempt was made to recover the £19k shortfall, I'm not sure why you agreed to pay anything as it sounds like the debt would have been statute barred ... but you did pay so that is history now.
Edit: I see you did ask (vaguely) about this on the Bankruptcy & Living with it board back at the beginning of last year when you first joined this site:
https://forums.moneysavingexpert.com/discussion/3008094
Then you said the original amount you owed NR due to the shortfall was £28k, not £19k
... and in October last year on the DFW board you said the shortfall was only £18k
https://forums.moneysavingexpert.com/discussion/3531615
Confused? :huh: I know I certainly am!... :cool:"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Sorry, I do not follow what you are attempting to explain.
You maybe better asking a Board Guide to move this thread to the Bankruptcy & Living with it board where you may receive an improved response.
I don't understand why, if you were going bankrupt, you didn't put all your debts into the bankruptcy.
Then again, you appear to have made an agreement with NR as to a settlement figure so probably the matter is considered closed.
Or would you prefer they re-open the case so that you could pay them all you originally owed plus interest? Maybe worthwhile asking if you think the amount to be recovered will exceed the amount written off ... otherwise I would suggest you let sleeping dogs lie
If over 6 years passed and no attempt was made to recover the £19k shortfall, I'm not sure why you agreed to pay anything as it sounds like the debt would have been statute barred ... but you did pay so that is history now.
Edit: I see you did ask (vaguely) about this on the Bankruptcy & Living with it board back at the beginning of last year when you first joined this site:
https://forums.moneysavingexpert.com/discussion/3008094
Then you said the original amount you owed NR due to the shortfall was £28k, not £19k
... and in October last year on the DFW board you said the shortfall was only £18k
https://forums.moneysavingexpert.com/discussion/3531615
Confused? :huh: I know I certainly am!... :cool:
Yes the original letter was £28k which they made a mistake on. Thanks for the advice. Although from the title and content I'm not sure why you are so confused. The debt from NR as I explained was 6 years AFTER the bankruptcy.
A little less sarcasm and judgement next time tho eh! But I notice you do make a habit of it.;)0 -
From the title, the answer would be NO. You have no right to reclaim charges. You have a right to ask them to review the charges and if they would consider a goodwill refund of some of them but that is where your rights lay.
You can forget anything pre-bankruptcy. The whole point of that is to draw a line. A refund, if they chose to give one on pre-bankruptcy transactions could go against any debt written off or sent to the OR for distribution to the creditors that you owed money to.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
Thanks for that, just as the wife thought :-( Right AGAIN!!!0
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