Reclaiming charges, but bankrupt (merged threads)

Stephen_Leak

vanessa162 wrote: »

ive been discharged from my bankruptcy 8 months ago, but i still have 16 months left to £52 towards my bankruptcy. can i claim any of my bank/credit card charges back?

Yes. Being bankrupt doesn't mean you aren't protected from unlawful charges.

However, if there is an outstanding debt with the bank or credit card company involved, which is not covered by a separate contract, they can and probably will offset any charges reclaimed against that debt.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

Disillusioned59er

Keen_to_save_the_Green wrote: »

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

Reclaiming charges, but bankrupt ;- Hello there, not such good news I fear. I have been bunkrupt in the past and you have my sympathy, it is not an easy decision to make. Unfortunately I believe that all the charges that you may get back will be taken. They should be handed to the receiver and then he will distribute them accordingly (in theory). In fact it is likely that if he got hold of them nobody would see anything as they would be used up in charges/costs. In reality the bank will probably say it was part of the money you owed them and will not hand it back to you. I beleive that this might raise an interesting point as that action in itself might be illegal and could be trated as preferential treatment of creditors. But that is for someone more qualified than I to answer. Good luck anyway.

Clarey22

Hello. Are you able to reclaim bank charges if you are bankrupt or about to become bankrupt? My Father in law is currently in the process of being made bankrupt by inland revenue and I have passed on the details and letter templates for reclaiming the charges to my MIL and FIL as they have had lots of problems in the past but wasn't sure if my FIL could do this in his current situation as his account will be closed when the bankruptcy is filed. Thanks for any help.

awga6605

Dear Alli have had my statements from HSBC for 6 years of Bank charges totalling £4600.00.But i have a lot of debt about £50000.00 i am going Bankrupt in August and i owe HSBC about £20000.00, i suppose there is nothing i can do about reclaiming because i owe the Bank so much money, would it make any difference if i made the claim after i have been discharged.Your help would be very much appreciatedAndrew

princesskez26

awga6605 wrote: »

Dear Alli have had my statements from HSBC for 6 years of Bank charges totalling £4600.00.But i have a lot of debt about £50000.00 i am going Bankrupt in August and i owe HSBC about £20000.00, i suppose there is nothing i can do about reclaiming because i owe the Bank so much money, would it make any difference if i made the claim after i have been discharged.Your help would be very much appreciatedAndrew

You are still entitled to claim although any money you win back if you have any debt owing on the account your claiming from they are entitled to offset any money you receive back against it

Kez

natweststaffmember

Unless you are bankrupt then you can claim charges back. If you are made bankrupt I am afraid that is it on charges or discharged bankrupt. Sorry to say this to you.

Locky5

Hi There,
I have just had a letter from the Woolwich agreeing to pay me £433 from a claim of £569 which I am happy to accept. But they want to take £274 from from this for a debt I owed when I went bankrupt in April 2006, now released. This was part of the debtors list when I went bankrupt can they do this? The £274 was made up with a £200 overdraft and £74 charges. Should I accept this offer and how will effect the bankruptcy. Your thoughts will be very much apprecated.

Locky 5

Locky5

I want to add that this offer was made after letter two.

umne07138

I went overdrawn by a small amount which the bank charged me for. They informed me of these charges in a letter which they also charged me for. These charges left me badly overdrawn, meaning my Direct Debits were bounced. The bank charged for this, and for the letters telling me they'd bounced them.

All these charges kept taking me further overdrawn, and despite talking with the bank I ended up bankrupt.

Does anyone know if I can claim my bank charges back? what about the bankruptcy fees which I wouldn't have had to do if the charges hadn't caused me such severe financial problems.

Appreciate any advice...

no_more_debt_2006

First thread, so hi everyone.

hope you guys can help me.

I went bankrupt in November 2006, and at the time I held 2 bank accounts, 1 with Halifax and the other with Lloyds TSB.

What i would love to know is, can I reclaim the charges from them even though the accounts are closed??

Thanks.