Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Please excuse this newbie question (I only found the site tonight and haven't completely found my way around) also please excuse me if this is in the wrong section of the site.
The Question:
Two years ago I declared myself bankrupt (largely due to the acculatative effect of these charges). Would this effect my ability to claim? Obviously I'd still be entitled to a refund of any overcharging since then (although I don't think I've had any). But would it mean I can only claim back until the court order declaring me bankrupt?
For the record I have now been discharged from bankrupcy.
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: A newbie question - Please help.
I have not come across this before but I can not find anything that would not permitt you from claiming these charges back from your banks.
You can go back the last six years, although some people are going back further than that, which may apply to you.
If you use the search tool and look for claiming over 6 years. It will bring up threads which have info in them regarding this. Have a thorough read of it.
Good luck and Im sure someone with expert knowledge will be along to correct me if im wrong.
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
Any other thoughts or opinions for experts please?
I'm going to see the C.A.B. about this tomorrow to see what they say... however I know from previous experence that they my local C.A.B. office in for all practical purposes useless.
So any other thoughts would be gratefully received. I'd love to get one back on the banks.
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: A newbie question - Please help.
Ok all the infro you really need is here dont worry about CAB!!
Have you gothold of your list of charges?
If not look in the banks template forum and send the SAR letter with a £10 cheque to all your creditors past or present!
Then we can proceed with the nextpart of your claim.
On wards and upwards!!!!
Who are claiming against?
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
I went into Barclays today and gave them the form and my £5 (they only wanted 5....strange) so hopefully should get the statements etc through in 1-2 weeks.
I have quite a few statements here and did some adding up and it shows I paid £980 in charges between 2000 and 2004...... I know that between 03 and 04 I paid a lot of bank charges in the run up to my bankrupcy but don't have these records yet as I never got them back from the official receiver when I was discharged from bankruptcy.
All in all I'm guessing we are looking at around £2500 - £3500.
My biggest concern as I've said is how the bankruptcy (dec 2004) will affect my ability to claim.
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: A newbie question - Please help.
It shouldnt - thats my point!
Im claiming charges back from which have been through official channels such as Court Judgements and second charges.
Wait until you have all of your statements then strat by contacting Barclays with the Prelim letter.
I would start a thread in the Barlcays forum though, Im claiming against the Woolwich with are they group so will keep an eye on your post, you can PM me if you got any queries in the meantime.
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
Good luck Dorset strider. We were all new once, too! You'll also gain a lot of confidence, too. Interestingly, in my claims, (even though I wasn't made bankrupt), I - and I suspect others, too, are never asked about your personal state of affairs, ie bankruptcy. So I would have thought you can just go ahead and claim. The only concern I would have is whether any money you get back automatically goes to your creditors. Howver, if it has been discharged - surely any money that comes into your hands now is yours??
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: A newbie question - Please help.
I think you'll find that we are all laypersons on this site. But we have learned from going through the actions ourselves or by reading other posts!!
I know the moderators check the posts regularly and if there was any incorrect information it would have been picked up by now!
So dont worry and go ahead as detailed above!!!
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
That's all the encouragement I need. On wards and erm....courtward. (Is courtward a word or did I just make that up?)
I'll start the ball rolling and get my details from Barclays now. I have also sent an email to the official receiver that dealt with my case to see how they veiw this situation. But expect a response from them a lot faster than I expect a response from barclays.
A newbie question - Please help.
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