Reclaiming charges, but bankrupt (merged threads)

Gillyn_2

First of all my apologies if this has been done to death but ........

I have been a discharged bankrupt for 2 years now. Could i claim back bank, loan and credit card charges from the companies for which i owed money at the time of the bankruptsy or would it be a complete waste of time trying.

The combined penelties these companies charged me led to my voluntary bankruptsy in the first place.:mad:

Thankyou for any info regarding this

Gillyn_2

I dont think anyone knows for sure if a discharged bankrupt can claim back bank, loan and credit card penalties.

I am in the same position and would like to persue this myself. I am going to call the OR who dealt with my case first thing monday and seek there advice.

My bankruptsy was reletevley small in the grand scheme of things but like many others i was forced to declare it due to the debts spiroling out of control due to these charges every month from financial institutions.

I will report back monday and let you know what the OR has to say about this, i'm sure they would have been flooded with enquiries and will know the facts

ant78_2

I was declared bankrupt around 2 years ago then discharged about 4 months later. I had a halifax current account which was shut when i went bankrupt. Since then i have opened a new account with the natwest.
I had lots of bank charges with the halifax, so can i still claim these back or will my bankruptcy affect these charges.

Also i dont now what my halifax account/sort numbers where because i never kept any information when they shut my account down, how can i find out about my old account?

Thanks for the response in advance :A

ant78_2

anyone have any info?

missc_3

sorry i have no idea.

sure someone will advise you soon if you sit tight

ant78_2

ok thanks missc

ant78_2

im still sitting tight

Gillyn_2

Gillyn wrote: »

I dont think anyone knows for sure if a discharged bankrupt can claim back bank, loan and credit card penalties.

I am in the same position and would like to persue this myself. I am going to call the OR who dealt with my case first thing monday and seek there advice.

My bankruptsy was reletevley small in the grand scheme of things but like many others i was forced to declare it due to the debts spiroling out of control due to these charges every month from financial institutions.

I will report back monday and let you know what the OR has to say about this, i'm sure they would have been flooded with enquiries and will know the facts

I emailed https://www.insolvency.gov.uk and this is the reply i got from them regarding discharged bankrupts reclaiming bank charges. I have to say it is not written in laymens terms so i am hoping a clever soul on here may beable to translate:o

Thank you for your email yesterday.

Please note that the Insolvency Enquiry Line of The Insolvency Service deals with general, not case specific, queries relating to insolvency, as it is not in full possession of the facts of each individual case and cannot provide advice, only information.

There is nothing to prevent you pursuing the the banks for the penalties that you were charged. However, as this money relates to the period before your bankruptcy it is a right of action that would vest in the trustee in bankruptcy, notwithstanding the fact that you are now discharged. Therefore, if it were to be decided by the bank that they would pay you back these charges, the money should be paid to the trustee in bankruptcy for the benefit of your bankruptcy estate.

You will have been released from all of your bankruptcy debts on discharge, so none of your creditors can pursue you for these debts.

I cannot answer question number 4, but it is possible that the banks would use their right of set-off. For set-off to arise it is only necessary that there be mutual debts between the same parties in the same capacity. For example, where a bankrupt builder is owed money for building work by a florist, any debt due to the florist by the builder for the supply of flowers can be set off against the debt for the building work done even though the transaction is one of a different nature. In the same capacity means that a debt owed to a person in a personal capacity cannot be set off against a debt owed by that person in a non-personal capacity, i.e. as a representative for a third party or state. For example, a debt owed by the official receiver for the provision of telephone services to his office cannot be set off against a debt due from that telephone company to an insolvent estate of which he is the trustee or liquidator.

An account shall be taken of what is due from each party to the other in respect of the mutual dealings and the sums due from one party shall be set off against the sums due from the other.

The object of insolvency set-off is to do substantial justice between the parties. It would be unjust if the solvent party had to discharge his debt to the insolvent estate in full while being left only with the right to prove and thereby receive a dividend in respect of the debt due to him. Insolvency set-off is mandatory.

I hope this is helpful.

confusing eh

pink-princess84

wow what i load of jargon! I declared myself bankrupt last june and was discharged in january. I owed £100 to natwest though that did get paid off by benefits going into that account by accident so in the end i owed them nothing. Barclays i owed £554 so as long as the charges are higher than what i owed then i'm going to claim them back. That reply seemed to state that there is no reason why you cant claim them but if you suceed then the money should paid of your debts. i dunno but i'm gonna try it. sent of my letters to the banks friday asking for details of previous charges. i'll let ya know if i suceed

Suziwooz

I have just been released from bankruptcy where i owed Halifax £210 overdraft fees.
Before I went bankrupt I had received all my charges list which was £1600 roughly. They wrote and offered me £105 for my complaint which they told me had to be taken within 30 days to which I refused and said as yet I haven't complained and therefore on my complaint I would discuss the offer.

I have waited until my bankruptcy has been discharged and would now like to carry on my fight against them (the banks).

Can I still do it?