Reclaiming charges, but bankrupt (merged threads)

king100

Thats a very interesting question, will be watching with interest.


Search on google on matter

"
Yes you can reclaim them. Depending on your current bankruptcy status, you may however have to hand over any money to Bankruptcy supervisor?
Were the level of charges a significant factor in declaring bankruptcy ie were they a major part of money owed?
If so you may have claim against bank for damages

"

Taken from

http://www.consumeractiongroup.co.uk/forum/barclays-bank/51849-can-we-claim-back.html

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/53403-can-discharged-bankrupt-reclaim.html

Rainbow2018

hi everybody i know this has been asked loads of times but i can reclaim them back too i go bankrupt in a few weeks.
the difference with me is that the bank i want to claim from, i dont owe them money and they are not one of my creditors that i owe to.
they are just a bank that i have a basic account with no overdraft or chequebook just a bank to have my wages in, but obviously due to the rules of bankruptcy i have to include them as all bank accounts are frozen and they are likely to shut this down. thanks

lufcgreat

I made myself bankrupt in may 2006 after a divorce in 2004 , taking all the family debts with me but i was unable to keep up with all the payments , as work in manufacturing engineering is in constant decline . My initial payments were £400 per calender month but have recently been able to get them down to £231 pcm as prices have risen and my wages have stayed the same for 45 months , not even an inflatory rise . I think i may qualify for hardship waiver in getting my bank charges reveiwed , altogether i'm owed about £2000 from three different banks . I wrote to the banks concerned in May/June 2007 and was told the charges reclaimation had been put on hold . I have also been told that any money refunded to myself for the bank charges will have to be forwarded to the insolvency service . I have about 14 months left in insolvency then i will be clear of all debts would it be wrong of me to wait and not push the bank charges issue because it could take that long for the OFT to sort it out ?

sharon47

CapQuest Debt Recovery have written to me and this is a Quote from them
'Enclosed with this letter is a Statutory Demand for Bankruptcy' they seem to be saying pay up or we will make you bankcrupt. are they saying they will ask the court to declare me Bankcrupt?
If i am reading this right who pays the Bankcrupcy fee? I have looked into going down this road as its my only option (due to failing health) but i cannot afford the fee in Bristol it will cost me £500 and i have no way of getting it.
Can anyone clarify this for me please??? I am REALY CONFUSED!!!!!

Orford

sharon47 wrote: »

CapQuest Debt Recovery have written to me and this is a Quote from them
'Enclosed with this letter is a Statutory Demand for Bankruptcy' they seem to be saying pay up or we will make you bankcrupt. are they saying they will ask the court to declare me Bankcrupt?
If i am reading this right who pays the Bankcrupcy fee? I have looked into going down this road as its my only option (due to failing health) but i cannot afford the fee in Bristol it will cost me £500 and i have no way of getting it.
Can anyone clarify this for me please??? I am REALY CONFUSED!!!!!

How much is the debt ? Capquest issue SD's like confetti because it costs them nothing and puts the fear of God into people. It's almost certainly bluff, since to actually petition to make you bankrupt will cost them several hundred pounds with little chance of recovering those costs, particularly if you have no assets

sharon47

The Debt is for less than £2,000 inc charges, this goes back to 2002 and is with the Halifax originally but they are now in trouble themselves so could it be a scare tactic?
If i know that i don't have to pay the Bankcrupcy fees then let them go ahead they won't get anything but i would like to know for sure what my situation is with this?

Suzy66

Hello

I am helping my brother to reclaim credit card charges. We wrote to Capital One who offered him some money which we decided to accept. They said they would pay the money into his Capital One account. However, this was written off when he declared himself bankrupt about 18 months ago. When he spoke to them on the phone he requested a cheque. However, they said the charges would still be paid into his account and would offset what was written off under the bankruptcy.

As we think this is unfair, I have therefore written another letter to them for my brother to sign stating that he is entitled to the charges - ironically, he would have benefitted before he became bankrupt! He is suffering financial difficulties after losing a job and trying to find another permanent position. I have also included this in the letter and am awaiting a reply.

I have other credit card companies to write to where the same situation may occur.

Has anyone else been in this situation ie claiming charges back on an account written off under bankruptcy?

Many thanks

catmiaow

From what i am aware the bank are within their rights to put the money in the account if there is an outstanding balance. However as he has been declared bankrupt then the debts should have been written off, therefore a cheque is what should be paid out. I would give them a ring on your brothers behalf explaining the situation, might be worth contacting the Financial Ombudsman, see if they can give u info.

Suzy66

OK, thanks for that. I'll see what the reply is to my latest letter sent on Monday and if it's not in his favour I'll contact the Financial Services Ombudsman.

Maranman

Hi Suzy,
Using MSE procedures, I reclaimed £366.51 from Halifax Credit Card Services. :money:

I had to go all the way including using the Financial Ombudsman and it took me best part of a year!

Yesterday, Halifax wrote to me saying that a credit for the whole amount had been applied to my account! - not a lot of use to me as the card was destroyed when I went bankrupt in 2005.

I have a sneeky feeling that I am never going to see those charges returned!
I would love to know how your brother and I stand legally and what procedure we will have to follow to obtain a cheque?

Best Wishes to you and yours,
Maranman