Bankruptcy & Bank charges

local

Hi im very new to forums so please accept my apologies if I have done this all wrong. lol.
I was made bankrupt about 4 years ago. I fell into the typical trap of customers not paying on time, with direct debits being paid (incurring bank charges) or I would lose the service of a supplier.I was paying huge bank charges on a monthly basis. :mad: In my honest opinion this was a major contributor to my bankruptcy. Can anybody advise me if i can still put forward a claim for my bank charges for the 2 years prior to my bankruptcy?

Thanks guys, and many thanks to Martin and his team. Great job, keep it up.

Regards local

Richard_S

local wrote: »

Hi im very new to forums so please accept my apologies if I have done this all wrong. lol.
I was made bankrupt about 4 years ago. I fell into the typical trap of customers not paying on time, with direct debits being paid (incurring bank charges) or I would lose the service of a supplier.I was paying huge bank charges on a monthly basis. :mad: In my honest opinion this was a major contributor to my bankruptcy. Can anybody advise me if i can still put forward a claim for my bank charges for the 2 years prior to my bankruptcy?

Thanks guys, and many thanks to Martin and his team. Great job, keep it up.

Regards local

Hi local,

That is an interesting point. You no longer have that bank account so they can't just credit the account and say well "thanks, but it doesn't make any difference because you owed us money on an overdraft", or whatever, so we're keeping it anyway.

I would definitely do it and request that the funds are sent to you by cheque, it doesn't cost a lot and the potential rewards far outweigh the negligible costs.

Would love to hear how you get on,

Best regards

Richard

Bollinge

Yes, you most certainly can claim back all your bank charges.

And they will go direct to the Official Receiver or your Trustee in Bankruptcy, to be distributed amongst your creditors!

Mike_St_Helens

Did anyone see the guy who got £37k back... Bet he was a proper naughty boy with his bank to gain that many charges !

AlanD_3

I saw that and wondered how he managed it in 6 years... he wasn't aiming to have the cash windfall by any chance?

I've also heard there is a letter circulating that can cut the process time down dramatically but that may just be scuttlebutt.

!!!!!! that OR will claim the cash though. Don't suppose it is possible to ask if there may be a threshold on windfalls or argue the point that if the cash was spread over a year that it really isn't that much (unless our fees approach £36K pmsl)?

tomterm8

AlanD wrote: »

I saw that and wondered how he managed it in 6 years... he wasn't aiming to have the cash windfall by any chance?

I've also heard there is a letter circulating that can cut the process time down dramatically but that may just be scuttlebutt.

!!!!!! that OR will claim the cash though. Don't suppose it is possible to ask if there may be a threshold on windfalls or argue the point that if the cash was spread over a year that it really isn't that much (unless our fees approach £36K pmsl)?

1. His was a business account, and he was paying in cheques that were bouncing all the time.

2. The bank refused to give him an overdraft, and

3. It is sometimes possible to claim charges back from the beginning of the contract. In particular, if a bank/ credit card company claims that their late charges are a service charge and not a penalty charge, then you've got them... they've decieved you, and the statute of limitations is written so that it only applies after you've discovered you were decieved.

joclayx

Surely if he's a discharged Bankrupt the Trustees and Official Receiver's can't take the Bank charges back????

Bakeybadoo

Anything pre-bankruptcy, that was included in the BR is no longer yours. Charges, or refund of charges, included.

AlanD_3

Bakeybadoo wrote: »

Anything pre-bankruptcy, that was included in the BR is no longer yours. Charges, or refund of charges, included.

Are you sure?

Surely if the 3 year period is up AND if the OR didn't have the !!!!!! to claim the charges back themselves there is nothing stopping you?

It was my understanding that unless you had conditions on your discharge that once the 3 year period was up your obligation to inform the OR about any of your earnings from any legal source had ceased to be and that it was all yours again.

Alan

joclayx

Bakeybadoo ? Please explain to me !!! sorry bit slow on these things!! Are you saying that he COULDN'T claim the charges back?

Bakeybadoo

First off, it all depends if the account was in debt and if it was included in the BR proceedings.

Without knowing those basics, I was making an assumption that it was included.