Bankruptcy due to huge credit card debts... can we claim unfair charges still?

[jacnal]

Hello peeps!!

 

Wonder if someone can shed a little light on this question for me.

 

My husband had to declare bankruptcy last year due to huge debts spiralling out of control. He's self employed, and as work was scarce, he couldn't pay on time on the credit cards and loan taken to pay off CCs but didn't. He had debts totalling £35, 000 (he was very naughty - by his own admission, accepting all these cards). On a typical month, he'd have to pay back £200 on the worst card, and if this didn't happen, the charges were HUGE! He's recently been discharged from the bankruptcy order (if that's the correct term), and as I discovered this site (via MSE) recently, I've been wondering if he can go back and claim unfair charges. Is it possible after being bankrupt, and not having paid back what one owed anyway to still succed, or am I just being greedy?

 

Be as blunt as you need to be please!!!

 

Jac x

[Glenn UK]

I believe you can although im not sure of the status of any momey recovered.

 

the moeny you will be claiming back was unlawfully taken from your account, it may be possible to also get defaults removed against your names if this is as a result of charges, although the banruptcy may be more of a problem.

 

hopefully others will know mroe and speak with some authority. This is all my opnion.

 

glenn

[NitrousOxide]

As long as it's not more than £500.

[angry cat]

Insolvency is very complex and...

remember that any monies coming in to your husbands account will form part of his estate. Meaning that the Official Receivers appointed Trustee could possibly take any refunded monies that are in relation to his debts.

 

Depending on how long his insolvency will last, you might be better advised to wait until he has been discharged? and then claim the refunds on the penalty charges after he has been discharged.

 

I would suggest that you contact National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

and ask for a fact sheet on Insolvency and or contact your local CAB for advice on Insolvency matters

 

Please be aware, that I do not have any legal expertise! I am simply a BAG member trying to assist other members.

 

Angry Cat

[NitrousOxide]

Yes, I would say wait as well. Then the OR will leave you alone.

[Guest Zooman]

the simple answer is NO full stop, not now not never. The OR owns your debts.

 

Any way have a look here.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-bailiffs/22342-bankruptcy-protracted-realisation-unit-new-post.html

[angry cat]

You are wrong Zooman!

I have just gone back and re-read the thread!

 

This ladies husband has now been discharged from Bankruptcy!!!

 

The OR has paid his Creditors.

What is to stop him from claiming back the 'Unlawful Charges' that were applied to his accounts, that pushed him further into debt???

 

My apologies jacnal, I initially failed to read your question correctly-

However, I cannot emphasise enough-

seek professional advice.

 

Once again, I will stress that I am only a BAG member and I do not have any legal expertise. It is up to you to obtain correct advice from perhaps the CAB

 

Kind thoughts:)

Angry Cat

[Guest Zooman]

discharged only means the restrictions of bankruptcy are removed, if assets turn up from before the big B they by law have to be declared to the OR or trustee.

 

If the accounts where in the B estate they will have sent in a proof of debt form.

 

Do you believe that a company would stand a court claim on a matter that went to bankruptcy?

 

Do you believe that a court would award you money on a assert that belongs to the OR or trustee?

 

_____________________________

 

My advice here is offered free of charge and I give up my time to do so, if people wish to take it or not is not my concern. Advice I give surrounding bankruptcy is not secondhand but from a active involvement in the insolvency world that dates back over the last 10 years.

 

In fact as I read the above I had a N260 in front of me from a trustees solicitors who is claiming £3,773.43 in a post-bankruptcy matter and the respondent in the matter was discharged in 1996.

[Glenn UK]

Zooman

 

As a point for conversation if the bankruptcy arose partly as a result of unlawful charges do you not feel there is any remedy for the bankrupt then?

 

Seems real tough if your bankruptcy was in effect unlawful.

 

Glenn

 

Edit : typos, im sure im dyslexic or is it just laziness on my part? probably the latter!!

[Guest Zooman]

Zooman

 

AS a pint for conversation if the baruptcy arose partly as a result of unlawful charges do you not feel there is any remedy for the bankrupt then?

 

Seems real tough if your bankruptcy was in effect unlawful.

 

Glenn

You could get it annulled in principle, make a thread if you want in the debt forum and I will go into detail if you wish.

[Glenn UK]

Zooman

 

Thanks I am interested more because this issue has come up a couple of times, i dont want to pass on crap info so appreicate your comments and the info.

 

I presume from your answer its far from simple. I wont take up your time by opening a thread, if someone who needs the advice wants to Ill let them.

 

Cheers

 

glenn

[jacnal]

Thank you all for the sound advice. I still need to read up on the details, and I'll reply individually soon. Work was soooo manic yesterday, didn't even check emails, let alone visit a forum. I'm working tonight, and free tomorrow, so will catch up then!!

Apologies for delays, I value ALL your opinions!!