Reclaiming charges, but bankrupt (merged threads)

oldwiring

Re my past above. I think morally the recovered charges belong to the creidtors. I do not think it is only unlawful charges that lead someone in to incolvency.

NMB

Both the action to reclaim charges and the charges themselves will fall into the bankruptcy estate. Contact your Official Receiver...

Tootsie_Roll

Rex_Mundi wrote:

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.

Completely missing the point.

The bank no doubt will already have written off a considerable sum probably equal to or greater than the sum of all the charges (up to the op to confirm) so they have already 'lost'. Now you think it is ok for them to lose even more - totally unacceptable.

I agree with other posters - if the claim is pursued the money should be paid to the OR to distribute amongst all creditors appropriately.

Biffa

Tootsie_Roll wrote:

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

Actually, as nothing has been paid into our bankruptcy so far (the OR decided that as we were on a low income, we didn't need to pay anything back), I thought that by claiming back unfair bank charges that some of it COULD go towards the debts that were written off, bizarre as it may sound.

The fact was that we went bankrupt because all the charges imposed had snowballed our debt to the point that whatever we were paying wasn't even denting the balance owed, as they still kept piling on charge after charge. If it hadn't been for the ridiculous number of charges, and the fact that most of our lenders weren't prepared to stop charging fees left right and centre then possibly the bankruptcy could have been avoided. Who knows?

Tootsie_Roll

Biffa wrote:

Actually, as nothing has been paid into our bankruptcy so far (the OR decided that as we were on a low income, we didn't need to pay anything back), I thought that by claiming back unfair bank charges that some of it COULD go towards the debts that were written off, bizarre as it may sound.

The fact was that we went bankrupt because all the charges imposed had snowballed our debt to the point that whatever we were paying wasn't even denting the balance owed, as they still kept piling on charge after charge. If it hadn't been for the ridiculous number of charges, and the fact that most of our lenders weren't prepared to stop charging fees left right and centre then possibly the bankruptcy could have been avoided. Who knows?

Haven't made any comment in reply to your post at all - was responding to dowie.

Biffa

Tootsie_Roll wrote:

Haven't made any comment in reply to your post at all - was responding to dowie.

Was probably my fault - I think I probably misread the thread after one too many Christmas drinks.

Just for clarity, I spoke to our Official Receiver about this today. It was, apparently, the first time they've ever been asked the question. Their advice to me was that, once you have been discharged from bankruptcy, they are no longer interested in any assetts that you acquire, and this includes claiming back bank fees. They are only interested in assetts that you acquire in the period between being declared bankrupt and being discharged. I asked them about the accounts that had been included in the bankruptcy order, and they said that as long as the accounts were closed and no longer being used, then again they weren't interested in any of the proceeds.

oldwiring

Biffa wrote:

Was probably my fault - I think I probably misread the thread after one too many Christmas drinks.

Just for clarity, I spoke to our Official Receiver about this today. It was, apparently, the first time they've ever been asked the question. Their advice to me was that, once you have been discharged from bankruptcy, they are no longer interested in any assetts that you acquire, and this includes claiming back bank fees. They are only interested in assetts that you acquire in the period between being declared bankrupt and being discharged. I asked them about the accounts that had been included in the bankruptcy order, and they said that as long as the accounts were closed and no longer being used, then again they weren't interested in any of the proceeds.

Firstly best of lick to you, that the OR replied as he did. I'd guess that the amount recoverable is in business terms small and so your creditors would get peanuts after costs had been deducted. I would be cautious about anyone taking that as a precedent for a large amount.

Mousey81

Hi,

I was declared bankrupt in January 2004, and discharged in April 2005, for just under £38,000. Would I still be eligble to claim back charges on the accounts closed and discharged under the bankruptcy?

Also, I sent a DPA request to the Co-Operative Bank (my active current account) at the end of November. They have cashed the £10 cheque however they haven't replied, any advice?

Cheers in advance,

Phil

ponyone

Hi

I am currently in the process of reclaiming charges from a bank I have been using since I was registered bankrupt.

Given the "6 year rule" I am interested to know what the situation is, as obviously 2 bank accounts I had (as prior to actually filing for bankruptcy I opened a new account as a last-ditch attempt to re-budget) were closed in the Bankruptcy proceedings.

I am therefore unsure whether I can claim the costs incurred back, as I was with HSBC for 10 years and receiving monthly charges for most of those years. Indeed, the hundreds of pounds in charges were contributory to my eventual situation.

I know to some people seeing that I've filed for bankruptcy this would seem like me having my cake and eating it, but any costs I can recoup would go a long way to helping me consolidate my rent and budget, and I am still repaying my debts monthly as not all of it was written off after assessment.

I am officially discharged from BKR in June 07, should I wait until this date to claim, as before hand have to disclose all changes in income to the Insolvcency Service?

Any advice would be greatly appreciated.

2manyjds

i might be missing the point, but this sounds rediculous...

You are suggesting that

After running up £15,000 worth of debt, (some of this attributed to the charges that the banks charged for taking the money).

And therefore

Going bankrupt and being declared unable to pay anything back due to your low income

Then you suggest claiming back the charges from the bank?!

WHAT?

so £15,000 written off and then receive a claim of say £2000 back from the charges if successful? Excuse me, but you had a fine time spending 15k and now you want 2k back from the charges??

sounds great doesnt it? rack up 15k of debt, go bankrupt, and claim a further set of charges back for money, charges that were on money you didnt pay back in the first place!

Think yourself lucky you're not paying anything back. I'm sure you are still enjoying the stuff you brought with the 15k.