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reclaiming bank and credit card charges

I am currently sifting through all the information from my partners data protection act request.

My partner, due to our debt problems, took out a DRO in 2011 that finished a year later in 2012. I am now trying to reclaim charges which contributed to our downfall.

What exactly can I claim for?
Can I claim for charges during the DRO (which were obviously wiped out when the DRO went through in 2012)?
Can I send them the standard charge letter of here asking for six years (including the DRO) or 6 years before or 6 years minus the DRO?

Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    I am currently sifting through all the information from my partners data protection act request.

    My partner, due to our debt problems, took out a DRO in 2011 that finished a year later in 2012. I am now trying to reclaim charges which contributed to our downfall.

    What exactly can I claim for?
    Can I claim for charges during the DRO (which were obviously wiped out when the DRO went through in 2012)?
    Can I send them the standard charge letter of here asking for six years (including the DRO) or 6 years before or 6 years minus the DRO?

    I'm sorry, but I think I have probably misunderstood what you mean.

    I am sure you realise you cannot reclaim anything that was never initially paid and has now been written off as part of a DRO.

    As I said, I guess I misunderstood your question somewhat :o
    Please feel free to ask again.

    In the meantime, the MSE articles on reclaiming both bank and credit card charges is well worth a read as to what you otherwise could normally try to reclaim, how far back, and for what reasons. You should find the links at the top of the page :)
  • Contracts_Engineer
    Contracts_Engineer Posts: 208 Forumite
    edited 6 February 2013 at 7:30PM
    I asked the question on the Bankruptcy forum and was told that as a bankrupt you could not claim but you could with a DRO!!!!!!!!!!!

    Can someone please tell me?

    If im reading your post correctly I think you can claim charges but as soon as a DRO is entered, any charges or interest during the year of the DRO is not open to claim?
  • Wywth
    Wywth Posts: 5,079 Forumite
    edited 7 February 2013 at 11:28AM
    :huh:

    Maybe this thread from the bankruptcy board wll clarify things more?

    https://forums.moneysavingexpert.com/discussion/4225293
  • antrobus
    antrobus Posts: 17,386 Forumite
    I asked the question on the Bankruptcy forum and was told that as a bankrupt you could not claim but you could with a DRO!!!!!!!!!!!
    ....

    That's perfectly true. See this thread here

    https://forums.moneysavingexpert.com/discussion/4005043

    The correct explanation was given regarding the distinction between a DRO and BR, specifically that in that in the former case the OR has no legal claim over the debtor's property. But then that's because the debtor isn't supposed to have any significant assets, at least no more than £300's worth.

    I'd have thought that a claim for a refund of bank charges (or indeed PPI for that matter) was an asset. And that failure to disclose that asset to the OR might possibly be an offence. Just saying.
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