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can i reclaim bank charges if bankrupt?

Hi there

As you can see from title i am bankrupt & really struggling financially at the mo, i know i have had about £1000 of bank charges with natwest who i don't bank with anymore

Any ideas?

Comments

  • mel12
    mel12 Posts: 298 Forumite
    You can try reclaiming them, but if you then get a lump sum back its likely the OR will then have in interest in the money and take it towards the bankruptcy :(
    Only after the last tree has been cut down,
    Only after the last river has been poisoned,
    Only after the last fish has been caught,
    Only then will you find that money cannot be eaten
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This question was asked a couple of days ago and the answer I'm sorry to say is that any money you 'come into' during BR will go to the OR and not you.

    Do you pay into an IPA? Maybe you could renegotiate your agreement with the OR.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The bank will either pay the money direct to the OR, or use to offset anything they wrote off due to your BR.
  • stuart30
    stuart30 Posts: 499 Forumite
    If the OP has no debts then how can he claim bank charges...as he doesnt owe the bank.?
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    They will be charges levied prior to BR.

    Thinking about this further, it's PPI that was in the news recently and that could be claimed back.

    I'm pretty sure the Supreme Court Ruling on the OFT being able to investigate bank charges put a stop to most customers being able to reclaim excessive charges.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • stuart30
    stuart30 Posts: 499 Forumite
    edited 24 April 2011 at 11:22AM
    Ineedaname wrote: »
    They will be charges levied prior to BR.

    Thinking about this further, it's PPI that was in the news recently and that could be claimed back.

    I'm pretty sure the Supreme Court Ruling on the OFT being able to investigate bank charges put a stop to most customers being able to reclaim excessive charges.


    Yes levied before BR but surely as there a debt they would be wiped when the OP went BR..so if he isnt liable how can they claim them back...just seems odd too me.

    That and i have bank charges and hope im no longer liable.:)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    If charges/PPI could be claimed back, then the "right of action" and the benefit of anything received now vests in trustee/bankruptcy estate.

    So as JCS1 says, even if successful anything claimed back would either have to go to the OR or the bank would offset against anything owed.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • doublemum
    doublemum Posts: 43 Forumite
    Thanks for your replies, guess thats a no then :0)
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    doublemum wrote: »
    Thanks for your replies, guess thats a no then :0)

    fraid so...:cool:
    We all die. The goal isn't to live forever, the goal is to create something that will
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