Reclaiming charges, but bankrupt (merged threads)

mail_man

Hi folks, i'm needing some advice as i've just got off the phone with capital one & i'm none the wiser...

Had a custody battle for my son years ago (which I won :beer: ) & due to all the money it cost I went personally bankrupt around 2 years ago. At the time I had a credit card with capital one, my limit was £200 but the card was sitting at about £420 so quite a lot over my limit /

I've just applied for my bank charges back which are 25 charges of £20 (£500 + interest) & they sent a letter saying they had credited £192 off my credit card balance.. They are claiming the old charges of £20 were unfair & they have now reduced them to £12.... As my old balance was at around £420ish they've credited it against the balance but I haven't had that card for years & can't touch that money it just goes back in the pot for the bank...

They're saying that because I never paid the £420 because I went bankrupt it just goes to repay some of what I owed them but I was sure that when you go bankrupt it zeros the balance & it's all over & done with....

Is this legal & am I at a dead end here or is it just another tactic to keep our money??

Thanks.

Kurt_Hamster

Was the £420 officially written off in the bankruptcy?

As far as zeroing the balance I'm not sure that's totally correct, and I'm pretty sure the bank can use any monies you reclaim with them to offset their losses. It may have been zeroed for you, the bank still has a negative total in their totals column.

mail_man

I appreciate your reply

If someone goes bankrupt then banks are insured against this, therefore they get paid when you go under... If they then take unfair bank charges & keep them for themselves surely that is fraud as they've already been paid?

Does anyone know the legal side of this?

Thanks for your input, hopefully we'll find out & see who has the upper hand as I am really wanting to take these scum to court like lloyds :T

Kurt_Hamster

It's my understanding that the government pays but only so many pence in the pound. It's been a while since I helped deal with bankruptcy cases.

mail_man

Fair enough mate it's good to get any info on this :rolleyes:

Does anyone else have any input here as i'm taking Lloyds to court so surely if that goes swimmingly then capital one are next in the firing line?

ebony1_2

I have been trying to get £1700 back from Lloyds since Feb 2007, this amount includes interest. I found out yesterday on Moneyclaim that they have put in a defence and want to take me to court. I am worried as recently they won over some guy over incorrect paperwork. My concern is that (a) I havent banked with Lloyds for 2 years as I went bankrupt and now bank with Barclays (b) because of this I wrote to my old bank AND one of their main offices seperately enclosing £10 for my 6 year charges to be sent to me. I received the 1st letter and sent my letter back with charges etc. I then received a 2nd letter form their head office which listed the charges and they included more £8 banking charges for each month I had banked with them that I didnt know on the 1st letter i sent back that I could reclaim these charges aswell (hope that makes sense). So, i sent another letter back to them with the new increased amount. Im worried that if it goes to court they are gonna get me on increasing the amount - 'Paperwork discrepancies'. I would like to know if it is worth my while continuing and if so, do I need to get a lawyer/solicitor etc. Thankyou.

Kurt_Hamster

Please read... http://forums.moneysavingexpert.com/showthread.html?t=400981

http://forums.moneysavingexpert.com/showthread.html?t=461779

krisskross

the £8 a month isn't for having a 'special' account, like select or premier or whatever is it? Don't think you can claim this back if it is.

ebony1_2

at the time they told me that the £8 was for banking charges, i never had a special account???

Scotties_Mum

Hello,

PLEASE can somebody help with this??

I have had a God awful year, ending of a relationship, 3 small children (one a baby conceived just before end of said relationship), a mountain of debts left by ex.

This is resulting in my house being repossessed in next couple of weeks, citizens advice dealing with my debts for me. I now am on income support, and am trying to start over again. However, Citizens Advice have advised me to go bankrupt, enabling me to wipe my slate clean.

My problem is this, Repo has upset me enough, bankruptcy goes against the grain with me, but I can see the logic in it.

If I go bankrupt where do I stand on the following?

I have 2 claims with Lloyds going through at the moment, 1 for approx £4,000, the other for approx £2,000. I am also about to start Abbey one for about £1,500. In total I have a £750 overdraft with Lloyds and a £1,500 loan with them, both of which are now running OK. I owe nothing to Abbey.

Can I still reclaim the bank charges (I am waiting for court dates with Lloyds), I have no problem obviously with Lloyds taking what I owe them, but any surplus, is that mine, Official Receivers, or am I not able to claim in the first place.

I would appreciate any advice on this, ie: whether to not go bankrupt, delay going bankrupt until court date over, go bankrupt. I really don't want to do this, but position I am in now, bankruptcy is best option, (esp as repo will wreck my credit file anyway), and to be honest, the money I am hoping to receive from reclaiming bank charges will give me a bit of financial stability as I am retraining as a nurse for 4 years from January.

HELP!!! I really do not know what to do!!! Thanks.