Reclaiming charges, but bankrupt (merged threads)

Stokey125

While Bankruptcy is nt an area I am overly familiar with and therefore I may be wrong. If you are subject to a bankruptcy order only your trustee in bankruptcy can bring proceedings on your behalf you cannot. In answer to your second question yes if you were to claim and succeed in recovering money it owuld have ot go to the offficial reciever or your trustee on his behalf

meatloaf43154

Just wonderingi was bankrupt and discharged over a year ago -when i went bankrupt obviousley i had to declare all my banks acocutns some of which had money owing, some were zero balances a couple were less than £100 but would have had about £300 of charges over a period of time

the question been if i claim for accounts that were zero balances could i keep the money or does it have to go to the OR to be resplit between the other creditors - i take it if i claimed against the ones with balances less than a £100 they would use that in payment of the debt and send me or the OR the diffferenence.

Any advice/observations would be welcome.

inmypocketnottheirs

meatloaf43154 wrote: »

Just wonderingi was bankrupt and discharged over a year ago -when i went bankrupt obviousley i had to declare all my banks acocutns some of which had money owing, some were zero balances a couple were less than £100 but would have had about £300 of charges over a period of time

the question been if i claim for accounts that were zero balances could i keep the money or does it have to go to the OR to be resplit between the other creditors - i take it if i claimed against the ones with balances less than a £100 they would use that in payment of the debt and send me or the OR the diffferenence.

Any advice/observations would be welcome.

As per the post above yours.

bimmaman

Hello! This is my first post, so please be gentle :beer:

I was made bankrupt at the end of 2004, and although the bankruptcy period is now over, I'm still paying charges to the solicitors.

Anyway, a good friend of mine has just received £2700 in reclaimed bank charges, and this has spurred me on to see if I can do the same...

Is it possible to claim back bank charges, even though I'm bankrupt?

Part of the whole bankruptcy thing was I had to close my account, so even though I no longer have an account, can I still claim?

I have tried reading all the info on this site, but none of it seems directly relevant to my situation...

Anyway, many thanks in advance,

Carlos:cool:

Casadeora

bimmaman wrote: »

Hello! This is my first post, so please be gentle :beer:

I was made bankrupt at the end of 2004, and although the bankruptcy period is now over, I'm still paying charges to the solicitors.

Anyway, a good friend of mine has just received £2700 in reclaimed bank charges, and this has spurred me on to see if I can do the same...

Is it possible to claim back bank charges, even though I'm bankrupt?

Part of the whole bankruptcy thing was I had to close my account, so even though I no longer have an account, can I still claim?

I have tried reading all the info on this site, but none of it seems directly relevant to my situation...

IF YOU DONT ASK _ YOU DONT GET - you will be in the que with the rest of the country....but when/if the courts decide in favour of us...your bank will issue you with a cheque - - HOW WILL YOU CASH IT?

cimeow

Unfortunately I had to claim Bankruptcy in 2005 discharged 2006. I do want to reclaim my bank charges, can I still even though bankrupt in the past and would the banks or courts seize all of my bank charge reclaim money?

Actually I'm gonna cancel this post as I dont want any answers as I have another site that has answered my query without judgement.

In concern of the subject matter alot of people seem to be very judgemental, negative and quite miserable about bankruptcy, so please let it be.

bsr_2

Hi Cimeow,

If you are refering to claiming charges on those accounts you listed in your bankruptcy, then no you cannot as that comes under the Official Receiver (Trustee). I have spoken with my OR and asked the question and he informed me that I cannot as any monies will go to Trustee ( The Official Receiver).

If at the time of your Bankruptcy you had accounts (Store cards, credit cards etc which were not listed in the 'List of unsecured Creditors' which were closed, paid up in full etc, then YES, you can go after them for charges.

I had accounts which were in credit or paid up in full and those were not listed. I am going after them for charges. So for NRock have paid up on the MEAF and I am claiming back unfair charges they placed on my Mortgage Loan.

Me - well I Declared BR 19 Jan 06, Early Discharge 14 Aug 06. I did it because I had to and I don't care what anyone thinks. If anyone wants to be judgemental then stick it where the sun don't shine ;-)

Good Luck.

cimeow

Thanks 'bsr' its really complicated, someone told me that because I was discharged thier OR' said that any monies due they couldn't take as they have been discharged????

Also someone else told me because the charges are unlawful I should be claiming on the 'duty' on the unlawfulness of the charges even though I was bankrupt.

Then another person who was Bankrupt, is going to try and sue the banks for the liability of getting them into bankruptcy.

ok since your post i'm going to speak personally to the 'OR'.

Thank You!!

dw1966

Both myself and my husband declared ourselves bankrupt last october. i was discharged at the end of march, my husband is due to be automatically discharged on the 17th october.
we are currently reclaiming bank chargres, Abbey has been put on hold pending the outcome of the test case, and with Halifax we are in court on the 24th september.
When we filed for bankruptcy, we owed nothing to halifax, so this was not listed as a debt in the petition. the account was then closed. with Abbey, we only owed approx £80 in overdraft fees, this was listed as a debt in the petition, but what we are claiming back from them is in excess of £6000! does anyone know where we stand with the OR with both banks?

Edinburghlass_2

The previous posts should be able to help you.