Reclaiming charges, but bankrupt (merged threads)

aMIGA_dUDE

Just say that I am playing it safe, but ask the Official Receiver for that in writing. It just you word saying that they said that and in time they could loss all recorded of such call and saying that...

You get my drift.
(Also I do NOT know the law on going bankrupt)

gizmo111

I would have thought that as you never actually paid the charges you can't reclaim them.

oldwiring

gizmo111 wrote:

I would have thought that as you never actually paid the charges you can't reclaim them.

The first momies in are first monies out, and vice versa, so IMO at leat a proportion of the charge would have benn covered by credits. It depends all on Clayton's Case
An English case which established a presumption that monies withdrawn from a money account are presumed to be debits from those monies first deposited; first in, first out.

However it would seem a tortuous burden to prove which charges had not been paid, don't you think? I canno from a reaikst POV see an institution putting an argument of non payment.

Charliuk

Hi

I have just sent off my prelim letter to First Direct and My SAR to Natwest.

I am worried though, as I cant seem to find out what will happen to the money if and when it is refunded.

I made myself bankrupt in May last year, I am due for discharge in May of this year.

i am claiming on a joint account, however there is a debt on this account which my husband is in an IVA to clear. Can first Direct insist that the money goes back in towards this debt.

Also will I lose any money to the insolvency people?

I am beginning to think that I should have waited to discharge, but we are so depserate for money that I went ahead and did it.

Please help!

Charli

Edinburghlass_2

I've merged a couple of threads so some of the above posts may help you.

Charliuk

I am sorry if you find me disgusting.

I came here for help, not to be judged by you.

You know nothing of my circumstances. I see you made similar comments about the previous poster.

My bankruptcy came about from bank charges after christmas last year.

Actually, I don't need to explain myself to you, in fact i am angry that I came here in the first place.

If I have a right to my money then I will attempt to get it, I have no objection to it going back into the bank, I was only asking if it would have to.

I hope you never have to find yourself in this situation and have to make a terrible decision.

:mad:

oldwiring

Is Charliuk tekking us that the bank charhes were his only debts. ISTM that charges may have made the postion worse, but the whole blame bring on the bank seems unlilely.I acceot that his misfortune in its totalitymay well ahve not been due behaviour but to misfortune and hope that he makes it back to normality.

gem4

Charliuk wrote:

I am sorry if you find me disgusting.

I came here for help, not to be judged by you.

Actually, I don't need to explain myself to you, in fact i am angry that I came here in the first place.

I hope you never have to find yourself in this situation and have to make a terrible decision.

:mad:

Hi Charliuk,
I'd like to welcome you. It's sad that your first ever post should have such a response. Please dont be angry at posting here. I for one would never judge you and I believe the majority of posters on here feel the same. It's a great place for the support you need and you will most definately get it. Just hang in there and the kind souls on here will help you....and you are right in that you don't need to explain yourself to anyone. Good luck. :grouphug:

Edinburghlass_2

I pondered this thread overnight as to how to deal with the above response.

As this is an open forum everyone is entitled to an opinion, however, this particular board is a help board for reclaiming bank charges and NOT a discussion board. The people who have posted on this thread are asking for help not opinions on going bankrupt and I would ask that future posters take this into account if replying on this particular thread.

Please be nice to all MoneySavers. There’s no such thing as a stupid question, and even if you disagree courtesy helps.

For anyone who doesn't know how quickly someone can get into a financial mess due to bank charges should read Martin's blog regarding Chrissie...

Benefits and banks don’t add up
In the afternoon it was time to meet the case study Chrissie, and her lovely family; she’s a single mum with three kids living at home (and two older ones). I have to say the tale made me genuinely angry.
This is a single mum, who is a carer for her son, and on benefits. Two years ago, for no reason, the benefits office failed to pay in for a couple of weeks. And the same situation repeated itself recently. The bank thus charged her for going over her limit, and some of her Direct Debits failed to pay out. This of course, understandably, left her finances in turmoil, and once behind, she had no money to catch up, meaning more charges, and the charges snowballing. Now she’ has debts of £3,600 because of it, which of course she has no way to pay off.
So there I am the ‘Money Saving Expert’, yet frankly there was no way out, pure impotence; not only is there no real solution, but she also hasn’t made any past mistakes herself. This is not a frivolous woman – our conversation ran something like this: did you budget? Yes, carefully. Do you overspend? No, we never buy new; we sell the kids’ stuff at car boot sales to buy new stuff. Did you ask benefits office to help? Yes, but wouldn’t. Did you ask bank to cut back charges? Yes, but wouldn’t.
What other solution is there? Based on an admin error she now may have to declare bankruptcy. The one hope is she will get a big chunk of these charges back…. and we can only cross our fingers.

The follow on discussion thread is here.

alidadas

I went bankrupt last month and my bank have now obviously closed my account. I had a smallish loan with them as well which although quite a bit was paid back, what was left was included in my bankruptcy.

My H went through all my charges before me going bankrupt and they totalled about £2k. As this unfortunately didn't help my overall money situation I proceeded with the bankruptcy.

My H keeps going on at me to reclaim my charges but I'm not sure whether I can now. A) Would the OR just take the money off me in which case there really isn't much point and Would the bank just tell me to sod off as I didn't repay all the loan (although the amount left is a lot less than what I'd claiming for)

Thanks for any help!