Can you claim bank charges back after bankruptcy?

Jack75_2

Hi,

i have just finished my 3 yr Trust Deed and now i am wondering if all those bank charges i incurred can be reclaimed?

if anyone has any knowledge on this matter, i would greatly appreciate hearing about it.

regards,
Jack.

joebig

Hi,
Don't know if i can be of much help but I will try.

I too am in a trust deed and should have been discharged as i have paid all the equity in my home and all monthly contributions. The reason i have not been discharged is because i started my claim against the BOS and because of the grounds of my complaint i am trying to have the trust deed cancelled as the banks charges were a major contributing factor in my financial difficulties. As i claimed for the return of charges the amount returned would just be added to the trust deed, which in turn will be given back to the bank. I know this is a dodgy subject because some companies will argue that we would then be profiting from our own trust deed and defaults. The best person to ask would be whoever was your trustee.

Hope this may be of some help.

Who was your trustee?

Conor_3

Jack75 wrote: »

Hi,

i have just finished my 3 yr Trust Deed and now i am wondering if all those bank charges i incurred can be reclaimed?

if anyone has any knowledge on this matter, i would greatly appreciate hearing about it.

regards,
Jack.

Yes the charges can be claimed but any that are for dates prior to the order are not yours and need to be declared to the Trustee.

Jack75_2

Hi again,

sorry if this is a silly question, so are u sayin that all the charges i incurred and paid before i signed my trust dead are not for me to claim back?

obviously once i signed the protected trust dead i did not incurr anymore charges.

Jack75_2

hi there, i have jsut finished my 3 yr trust deed and waiting to be discharged from it. i think i will leave this claim untill everything is done and dusted so as not to stir up any possible problems. thanks for your info and good luck with everything.

chesternutz

hi all
interested!!! I was discharged over a year ago after 6mths, aug-march
if i have no trustee, can i still claim for them??

cheers

fermi

Under English law any charges claimed back that were incurred prior to the date of bankruptcy belong to the Official Receiver/Trustee of your estate.

Plus since you have effectively surrendered all 'rights of action' pertaining to recovery of the charges by going bankrupt, then it is legally dubious whether you have any rights to pursue any claim.

Several cases in England that I am personally aware of have resulted in the refund of charges being paid to the OR/Trustee.

Scotland may be different.

Conor_3

Jack75 wrote: »

Hi again,

sorry if this is a silly question, so are u sayin that all the charges i incurred and paid before i signed my trust dead are not for me to claim back?

obviously once i signed the protected trust dead i did not incurr anymore charges.

In bankruptcy in England anything financial at all from debts you owe and money owed to you up to the second the judges hand signs the order is no longer yours and you have no claim on moneys owed to you.

So basically, all the bank charges you claim up to and including the date you bank, are the ORs.

This applies until the day you die, not just while you're undischarged.

alfiemoon82

Reviving this rather dated thread to see if anyone can help with my situation....

I'm about to help my mum submit for Minimal Asset Process (MAP) bankruptcy in Scotland.

I'm not sure where that will leave things with regards to any bank charge(s) disputes? Would any money that could be reclaimed go to my mum, or to the Accountant In Bankruptcy or some other legal appointee responsible for the bankruptcy?

I had been in dispute with Santander over £1100+ of overdraft charges applied to her account. They are not one of the creditors to whom she owes debts (which are hopefully to be wiped via bankruptcy). I'm not sure if that makes any difference to the overall picture or whether any lump (future) sum would simply be swallowed somehow as a result of the bankruptcy proceedings.

Any help would be much appreciated.

Thanks

coolcait

Has your mum been to see a money adviser about any of this?

Things are very different nowadays compared to 2007 - not least the existence of the MAP route into bankruptcy in Scotland.

There's a good chance that any refund of bank charges would be seen as an asset to go into the bankruptcy pot. That's what happens with PPI refunds.

But there's a bigger difficulty in your mum's situation - if she gets a lump sum refund of over £1,000, that could potentially cause problems if she's going bankrupt under MAP.

That's why it's a good idea to talk it all through with a money adviser.

[Deleted User]

The Banks also won their court case about Bank charges since this thread was first posted nearly a decade ago.

Nowadays, only people in current financial hardship have any hope of getting a refund of Bank charges and then typically only the last 6-12 months might be refunded as a goodwill gesture.

I suppose it depends on the reasons you are in "dispute" over your mother's overdraft. If you are simply complaining they are "unfair" that's an automatic rejection and has been since 2009.

To be honest, this thread is now so old it should have automatically been closed.