Jump to content


Can a bankrupt claim back charges?


madmedic112
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6370 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can someone that has been declaired bankrupt claim back her charges even if she did not pay them?:confused:

Her debt was 6k and she had no choice (personal reasons) but to go bankrupt at 15k. she belives that the extra 9k was charges and as a direct result of this she was forced to go bankrupt!!!:-x

Any suggestions greatly recived.

Thanks all.

Link to post
Share on other sites

Can someone that has been declaired bankrupt claim back her charges even if she did not pay them?:confused:

Her debt was 6k and she had no choice (personal reasons) but to go bankrupt at 15k. she belives that the extra 9k was charges and as a direct result of this she was forced to go bankrupt!!!:-x

Any suggestions greatly recived.

Thanks all.

 

You can't claim something that you haven't lost in the first place.

 

If a banks charges were the reason you went bankrupt theough then you would have to look at a claim for damages which is a lot more complicated than what we are talking about here. You would need to try and do a costing of what the bankruptcy has actually cost you in financial terms and claim for that. However it will get very complicated as there will no doubt be several banks involved which will make it more difficult to figure out there the blame lies.

 

If you really do think that the charges contributed to the bankruptcy then I'd cost them all up and approach the individual banks (or even try to get a meeting with all of them together) with a view to negotiating a settlement. As a last resort then get a solicitor to look at it and think carefully before you do anything as it could end up being very complicated and involed - hence, expensive.

 

If the banks think you have a case you may get a settlement out of them as I would doubt they would want to be seen fighting a case about how their unlawful charges sent someone into bankruptcy in open Court.

 

P

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

Link to post
Share on other sites

  • 1 month later...

You can, in fact, claim back the bank charges on accounts included in bankruptcy. However, the trustee in anyone's bankrupty (whether it be an Official Receiver or Insolvency Practioner) assumes the "right to action", which is why creditors are not allowed to contact you anymore - the right of action with regards to the debt is assumed to the Official Receiver. So it wouldn't, in effect, be 'your' debt anymore, and you would have no right to claim back charges on debt which have been wiped out.

 

However, if you could prove (And hasn't successfully been done yet) that the charges crippled you enough to file for your own bankruptcy, you could take the creditor(s) to court.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Link to post
Share on other sites

  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...