Reclaiming charges, but bankrupt (merged threads)

Ropey_3

Not cheeky in the slightest, if the bank took your money unlawfully through penalty charges, you should get it back.

s to the bankruptcy, I don't know if that can be reversed or if you can claim damages for the losses associated with it. Someone with infinitely more knowledge than me will be along shortly, I hope.

HSBCrusher

There are issues involved with claiming when bankrupt. The interested parties will require a slice of the refund. I know a claimant who is doing just this, the claim is over £20,000, and has come to an agreement to keep a large proportion of the money, so well worth claiming!!!!!:T
It would be concieveable (spelling?) that if successful in claiming bank charges (which you will be of course) and it could be proved that the bankruptcy was soley down to unlawful charges then you could claim for damages. This would not be easy to prove.

dan1234_2

Hi,
If I went bankrupt within 6 years, but now free (after 1 year), can I reclaim the charges I got from the banks before I went bankrupt??

Please note: I am nolonger with these banks, and have closed the accounts.
If I can reclaim the cash, it will be from 2 years before I went bankrupt.

Any thoughts?

Cheers

Dan

Rex_Mundi

Yes, you can reclaim your charges.

dowie_2

Hi,

I have been reading about reclaiming bank charges and credit card charges, dream come true!! But i wanted to know what if any the restrictions are. i.e personal circumstances.

In April 2005 I was declared bankrupt and having been paying the official reciever back the amount the court ordered me to pay. Whilst I'm not going to get into a big discussion as to why I ended up where i did, along the way I ran up a massive amount in late payment fees and overdraft charges.

I have been discharged from my bankruptcy for about a year so am back to square one with no debt (just a shocking credit file) can I still claim back charges from

a). Banks I had accounts with that are now closed
b). Banks I owed money to.
c). Credit cards that I owed money to.

If anyone knows the answers to all or one of these I would be more than grateful

Dowie.

Rex_Mundi

This is simple. The answers to your questions are...............

a). Banks I had accounts with that are now closed
YES

b). Banks I owed money to.
YES

c). Credit cards that I owed money to.
YES

Go for it. Good luck.

Tootsie_Roll

dowie wrote:

Hi,

I have been reading about reclaiming bank charges and credit card charges, dream come true!! But i wanted to know what if any the restrictions are. i.e personal circumstances.

In April 2005 I was declared bankrupt and having been paying the official reciever back the amount the court ordered me to pay. Whilst I'm not going to get into a big discussion as to why I ended up where i did, along the way I ran up a massive amount in late payment fees and overdraft charges.

I have been discharged from my bankruptcy for about a year so am back to square one with no debt (just a shocking credit file) can I still claim back charges from

a). Banks I had accounts with that are now closed
b). Banks I owed money to.
c). Credit cards that I owed money to.

If anyone knows the answers to all or one of these I would be more than grateful

Dowie.

So they have probably already lost a significant sum on you and you still want more ? Not impressed.

Rex_Mundi

Tootsie_Roll wrote:

So they have probably already lost a significant sum on you and you still want more ? Not impressed.

It is completely irrelevent how someone runs/has run their account. If the bank had acted within the law, there would be no basis for anyone to reclaim these charges. Just because someone has had financial difficulties in the past does not exclude them from reclaiming these unlawful charges.

oldwiring

TBH this does not seem to be covered in anything I can find on the net. The penalty charges are unlawful and being so should never have been taken from the account or added to the overdaft. Had they not reduced the credit balance or increeased the denit balance, than the additional value wuld have fallen in to the bankrupt estate. Now if that value would have been part of the estate save for its unlawful removal might the trustee view the money recovered as due to the creditors? Provided that a case involving a suffiently large sum came along, I do not see it as impossible that he might go that way. It would be interesting for someone in practice to comment.

Biffa

Apologies if this has been covered elsewhere.....

DH and I went bankrupt in December 2005 with debts of almost £15k and were fully discharged in July 2006 . I'm assuming that the banks have closed all of our old accounts. I have recently requested a copy of our credit report from Experian, but after reading the threads on this board, have been thinking about claiming back unfair charges on our closed accounts.

However, let's say for arguments sake we managed to get them to pay out, would we actually get any of the money or are they likely to put it towards our debts, which were all included under the bankruptcy and should now have been written off?

We had credit cards with Natwest, Barclaycard and Halifax, and a current account with Natwest and were getting hammered left, right and centre with late payment charges, bounced Direct Debits etc. Should we apply for a list off each creditor to show many charges were made against each account, and then claim them back? Would we get the money? Has anyone else been in this situation before and managed to get them to pay out? Is it possible to claim back charges on store cards and credit cards as well as bank accounts?

I find it all a bit confusing to be honest, but if printing off a few standard letters could get me the money back, it would be worth it. In the past 6 years (before bankruptcy!), we probably had around £2k worth of charges.

Sorry for waffling.....