Can charges be claimed after bankruptcy

[mcuth]

Hiya

 

If you're discharged from bankruptcy, then there's no issue of being able to receive a payment (unless you're subject to an income order?).

 

However, I see a potential problem if HSBC were included in your bankruptcy & they wrote off more than the amount of charges you want to claim. Maybe you could just clarify that one first please?

 

Cheers

 

Michael

[mcuth]

Hi gary

I'm not subject to an income order,it was very straight forward.

however HSBC were included as a creditor and they did write off more than the charges are

 

Thanks for the answers

You can probably guess where I was going with the creditor & amount question.... I do think that you'd have a problem trying to claim back an amount less than the amount that the creditor wrote off in the bankruptcy. HSBC could well argue that you'd never actually paid the charges, since putting the charges back on the written off amount wouldn't get you into a positive value. Yeah, I know the reality is different when you've got the charges coming out of your account every month, swallowing up your salary and causing more problems - however it's an argument they could well use.

 

If the situation was that the amount of charges exceeded the write off, then I'd think you could at least claim the difference - certainly that's what I'd be comfortable claiming.

 

Anyway, all that said, there's nothing to stop you having a go! Though it might be worth having an informal chat with the OR (or an IP) first though?

 

HTH

 

Cheers

 

Michael