Claiming back charges after bankruptcy

[Biffa85]

Hi all, new to the site and just wanted to ask a question as I'm still a bit confused over the whole bank charges thing.

 

In Dec '05, myself and Hubby declared ourselves bankrupt. We were discharged in July '06. As we haven't had to pay anything back to the Official Receiver due to low-income, I'm assuming that all our old accounts have now been closed and the balances written off.

 

Whilst I know that I can claim against old accounts that have been closed and repaid in full, does this still apply to the ones that were included in the bankruptcy?

 

I spoke to the Official Receiver last week to ask them if I claimed back charges and they were refunded, would the OR treat it as an assett and want the money? They advised that as we have now been discharged, they wouldn't, as they only have an interest in assetts acquired for the period that you are bankrupt - ie: from date of bankruptcy order being made to the date of discharge.

 

One of the cards I had was with Halifax, and was getting absolutely hammered each month in late payment fees, over limit fees etc. When we went bankrupt, I owed them £4k, although I don't know how much of this would have been down to charges.

 

Is it worth me writing to them to get a list of charges and then trying to claim them back? Would it turn out to be a 'paper' excersise to reduce the balance owed to them at date of bankruptcy? Has anyone done anything like this before?

 

Sorry for waffling, but really not sure where to go on this one.

Thanks in advance.

[bill-k]

Hi Biffa - and welcome !!

 

I am currently in an IVA, and have claimed some charges back from credit cards, who are also our IVA creditors. I originally found that they had "refunded" the charges by paying them into my now-defunct accounts - a "paper exercise" as you pointed out !!

 

However, I wrote them a polite but stiff one, explaining that my taking out an IVA was both lawful, and agreed to by the bank - whereas the penalty charges deducted were both unlawful and unauthorised. I suggested that, if they wished to retain their unlawfully deducted charges, then they should file a claim to that effect. But, by misappropriating them (into a closed account), they may not be seen in a favourable light by the court.

 

I have now received cheques for the full amounts claimed.

 

Admittedly, these are small amounts, as I am limited in what I can acquire by the IVA, but the principle seems to work.

 

HTH

 

Bill.

[e28bigalbexley]

Hi Biffa

Welcome to BAG.

Im sure with the help of people on this site and a fair amount of determination from yourselves you can recoup what your legally entitled to. And dont forget 'compounded contractual interest' .

Have fun.

 

Happy New Year looks like it will be a good one:)

 

AL;)

[Biffa85]

Thanks for the replies folks. I think I'm going to start off with the Halifax, as I hate them and they were as helpful as a chocolate teapot when we first started having financial problems.

 

My plan of action is this: write to Halifax asking for details of all the charges over the last 6 years on my credit card account (which was included in the bankruptcy with a balance of just over £4k). I'll then add up all the charges, which I reckon will be around £1500, and will write to them asking for the charges back. If I get them, great! If I don't, I'll probably be back on here asking what to do next! I'm expecting them to knock the charges off the balance, but as we're now discharged from bankruptcy, presumably with agreement of all our creditors, I'm still not sure if we will actually get a cheque back from them or be told to go away! I suppose technically as we went bankrupt and haven't paid off the balance, although we've been charged fees, I haven't actually paid them. This is why I'm so confused over the whole thing.

 

Only one way to find out though, I suppose! Will elt you know what happens.

[bill-k]

OK, Biffa, so you're going for it. Excellent. If you're sending a DPA SAR to them, then don't restrict it to just the past 6 years - ask for everything. In particular, ask for a true copy of the original contract(s). I would also suggest that you send Consumer Credit Act request(s) for true copies of contract(s).

 

Don't request your charges back from them until you are perfectly happy with your figures, and that you have decided what interest to charge them.

 

I would suggest you take the time while you're waiting for your SAR data to have a good read up of contractual interest, and claims for over 6 years back.

 

All the best with it.

 

Bill.

[Biffa85]

Thanks Bill - will have a read up on contractural interest later, although I'm absolutely useless at maths, so will probably draft in Hubby to explain it all to me!