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Reclaiming Bank charges and Bankruptcy

My brother has a is going to hopefully be made bankrupt ( CCCS advised him that due to the size of his debt and the lack of money coming in )

But during his working life he has been hit many times with bank charges and when he gets made bankrupt if he is able to reclaim any bank charges what will happen to the money or what will he be expected to do with the money if he can reclaim any.

:j :beer: :j

Comments

  • rog2
    rog2 Posts: 11,650 Forumite
    Combo Breaker First Post
    I am also looking at this, but I would assume that any reclaimed charges would need to be reported to the OR and could, possibly, be treated as assets, and in theory payable to OR for distribution to creditors at time of BR order. That is only my opinion and I would also welcome clarification.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • I wish tha i knew of being able to clain back bnk charge when i went BR 2 years ago.

    If i had of done it and won i wouldnt have gone BR
    :j WILL GET THERE SOON :j

    WATCH OUT FOR THE PIG FLYING PAST!!

    :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:
  • bigdec
    bigdec Posts: 258 Forumite
    First Anniversary Combo Breaker First Post
    I wish tha i knew of being able to clain back bnk charge when i went BR 2 years ago.

    If i had of done it and won i wouldnt have gone BR


    As far as i know there is no time limit to reclaiming the charges back
  • bigdec
    bigdec Posts: 258 Forumite
    First Anniversary Combo Breaker First Post
    rog2 wrote:
    I am also looking at this, but I would assume that any reclaimed charges would need to be reported to the OR and could, possibly, be treated as assets, and in theory payable to OR for distribution to creditors at time of BR order. That is only my opinion and I would also welcome clarification.



    We are only going to follow up the charges after he has been made bankrupt not before
  • Monies accrued after being made br can be taken by the OR. It depends on how much money it is. For example, if you earn overtime money, the OR will take 50% from you, etc.

    Martin says that it would be impossible to get bank charges back from before 6 years ago - I heard him on GMTV one day last week. Something to do with the way the banks are structured now that makes it all different
  • bigdec
    bigdec Posts: 258 Forumite
    First Anniversary Combo Breaker First Post
    Monies accrued after being made br can be taken by the OR. It depends on how much money it is. For example, if you earn overtime money, the OR will take 50% from you, etc.

    Martin says that it would be impossible to get bank charges back from before 6 years ago - I heard him on GMTV one day last week. Something to do with the way the banks are structured now that makes it all different

    I think that my brother would be looking for a refund over the last 6 years
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