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Before 6 years ?


kathh
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This is probably a stab in the dark, but I know people who have won with personnal accounts.

 

Can I do anything with a Business Account which ceased 6 years ago ?

 

I started my Company in 1995, my Company earned a lot of money quickley (which was my downfall), and in 2001 I became bankcrupt because of ill advice and a downturn in trading.

 

It has all been finalised now but I am interested the in amount of charges that were put on me during the latter part of my Companies life.

 

Can I ask for statement going further than the 6 years ?

 

Will being previously bankrupt affect any claim if I have one ?

 

Thanks

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I`m attempting to go back as far as poss with a personnal account started 1983. not heard anything yet, but you should be able to access your info on the same terms I would assume. The person to help you would be scotty, he`s been there and done it, (read his thread, its a must!) if not nattie will have the info you need. This site has all you need, just ask.

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Hi Kath, welcome on board the nat west forum.

 

I can probably shed a little light on this one for you. If you became bankrupt in 2001, any potential claim on bank charges incurred up to the date of the bankruptcy are ultimately classed as your 'assets' at the time of the bankruptcy - even though they were unrealised. As such, they 'belong' to your creditors.

 

However, as your bankruptcy was six years ago, I really do think you should contact the Official Receiver who dealt with your bankruptcy to ascertain what your outstanding debts were at that time. If the charges you incurred were more than the outstanding debts, you should definitely try to reclaim them. Also, given the time lapse between the bankruptcy and now, I also feel it's worthwhile getting some specialist advice if possible - as it may well be that you have something to gain here.

 

Good luck, hedgey xxx :p

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To be honest, I went Bankcrupt for a lot of ££££'s .

 

A lot more than I was overcharged, but I am more annoyed at the Banks misadvice as to what type of account I should have been in (as awell my Accountants lack of advice).

 

In all honesty, I was not looked after properly and I didn't help myself either.

 

I think it's a case of you learn something every day.

 

And I've learnt and have come out of it.

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This is probably a stab in the dark, but I know people who have won with personnal accounts.

 

Can I do anything with a Business Account which ceased 6 years ago ?YES

 

I started my Company in 1995, my Company earned a lot of money quickley (which was my downfall), and in 2001 I became bankcrupt because of ill advice and a downturn in trading.

 

It has all been finalised now but I am interested the in amount of charges that were put on me during the latter part of my Companies life.

 

Can I ask for statement going further than the 6 years ? YES

 

Will being previously bankrupt affect any claim if I have one ?

 

Thanks

 

 

hI

 

CLAIM CLAIM CLAIM

 

gO GET YOUR MONEY LOOK AT CONTRACTURAL INTEREST

 

Im sending u a PM

 

scott

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Guest NATTIE

I am not allowed to quote/paraphrase on how far back statement and charges history natwest have as i could be in breach of the computer misuse act 1990,(i believe). So 1991 the data is some form exists.

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Getting cold feet

 

I'm not sure, but think I have all my accounts from 1995-2001 in my loft. I kept them while I closed the Company and went into bankcruptcy incase I needed them.

 

Planning on buying a torch this weekend and seeing if I have the statetments.

 

Not sure what to do, not sure If it's best to leave sleeping dogs lie.

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Will deffinately see if I've got the statements in the loft but not sure what I'll do.

 

A bit complicated, the Company was a Partnership.

 

Although we left on great terms, we have drifted apart and havn't spoken for while, which happens in life.

 

I would deffinately contact the other Partner before starting the claim.

 

What would happen if I/We did get paid out, would it be paid to the Company name which no longer trades ?

 

If so, how do you then cash the cheque ? ( I still get a statement from another account which says the Compay has £10.xx in it, which I don't know what to do with.)

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Will deffinately see if I've got the statements in the loft but not sure what I'll do.

 

A bit complicated, the Company was a Partnership. 1 partner can claim as long as he/she was a cheque signatory

 

Although we left on great terms, we have drifted apart and havn't spoken for while, which happens in life.

 

I would deffinately contact the other Partner before starting the claim.

 

What would happen if I/We did get paid out, would it be paid to the Company name which no longer trades ? it can be paid to a signatory IE MR J Bloggs

 

If so, how do you then cash the cheque ? ( I still get a statement from another account which says the Compay has £10.xx in it, which I don't know what to do with.)

or pay it into this account then transfer it then close the account

It is worth while reclaiming

uve got nothing to lose but plenty to win

Scott

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Kath, before you take any steps at all to reclaim your bank charges, please contact the Official Receiver for full and accurate advice. The rules for bankrupts/discharged bankrupts are completely different - and I only know this because my husband is a discharged bankrupt.

 

I'd really hate you to go through the hassle of reclaiming only to find that you have to hand the money over to the Official Receiver/outstanding creditors if you win. It may be that after all this time you can keep the cash - but you must check with the OR first, particularly as you went bankrupt under the old rules.

 

Please contact them urgently before taking this any further - I know I seem cautious, but it's the best thing to do right now.

 

Good luck, hedgey xx :p

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Guest NATTIE

I think you need to heed Hedgey's advice rather then maybe the bullish(ie vitriolic go for it) words that is on here. I have seen this advice and would hate you to go to all the expenses of a sar to find that you cannot claim. As Hedgey has advised PLEASE contact the Official Receiver.

 

HEDGEY HAS YOUR INTERESTS AT HEART. Once you have please post on here and we can offer all the advice if the Official Receiver states you can go ahead.

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bull****? vitriol?

 

the worse that can happen is the money won is paid to debtors?

 

either way the ban still get their charges taken from them

 

as long as the OP knows that what's the problem, by all means clarify what will happen with whoever

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Surely if the my Bankruptcy has finished the OR dosn't need to be told.

 

When it finished they said the file has been closed.

 

It's the same if I went back to work, the Inland Revenue couldn't touch me.

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But bankruptcy affects you for several years after you've been discharged. It's not a simple case as closing a file - you must know this yourself having been through the process?

 

And regardless of whether the file was closed, at the time you was declared bankrupt your potential claim on the outstanding charges was a potential 'asset' to be distributed to your creditors. Just because the claim was not pursued at the time, it is still classed as an asset.

 

To not inform the OR fully before you claim and/or during the claim could be viewed as with-holding information which could have quite serious consequences for you.

 

The chances are that after all this time, you may be able to keep any reclaimed bank charges. However, YOU MUST CONTACT THE OR. I'D ALSO STRONGLY ADVISE YOU TO CONTACT A SPECIALIST BANKRUPTCY PRACTITIONER TO OBTAIN THE CORRECT LEGAL STANCE ON THIS AS WELL. I personally feel you need some qualified advice on this.

 

Best of luck, hedgey.

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  • 2 weeks later...

Well, finally I went in to the loft to look for Bank Statements.

 

Without going into any great detail, I guess between 1999 to 2001 I (we) were charged over £3,000 in Cheque Returned Fee's and Unpaid Cheque Fee's (that's without the 8% interest before going to Court).

 

Still abit unsure about letting sleeping dogs lie etc.

 

Have contacted my long and distant Business Patner (who went the IVA way) and they are happy for me to pursue matters.

 

About myself, I do not work or claim benefits, just look after the kids now and have been Discharged from Bankruptcy since 2005.

 

I do not feel worried about the Official Receiver but am more worried about going through the process and it being a waste of time.

 

My main queries are :

 

Will the Banks pay out back to 1999 ?

 

If they do pay out, how do I get payment to me and not the Company which dosn't exist anymore and at my home address and not the previous business address?

 

Thanks

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  • 2 months later...

I can't believe it, finally went through the process of sending the prelim letters and lba, I was due to use MCOL this weekend when I received an offer of £654 (claim is £3,900) on Thursday as a gesture of goodwill.

 

Now with the High Courts ruling this week I don't know what to do.

 

I really need the money and would have probably borrowed the money to pay MCOL but am now tempted by the offer.

 

Is there any way I can word the letter of accepting the offer as only part acceptance but want the rest or I'll go to Court.

 

Also, at this stage is it worth spending £200 going through MCOL with whats going on.

 

Thanks

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there's a template letter in the step by step insturction to accept a part settlement but continue with the claim but if it's NW, they aren't going to pay the offer out unless you accept it as a settlement

 

the advice re the OFT is continue your claim

 

your decision whether to settle, normally I'd say continue with the claim, you should get all of it eventually

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Thanks for your advice, I think I will borrow the money to pay for MCOL and hope for the best.

 

I am looking at trying to claim for another account, but in the current situation, I would like to ask for advice. Can you please advise me if it's worth trying to claim for a new claim.

 

1) Can I still ask for 6 years statements (S,A.R.) ?

2) Do I still go through the Prelim and LBA process's ?

3) If it gets to MCOL stage, is it worth paying/pursuing ?

4) If it gets to Court stage, is it worth paying, will it happen or be stayed ?

 

Ultimately, I don't know whether to start a new claim.

 

Thanks for your help.

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the advice when claiming against NatWest is to use the N1 form rath3er than MCOL, MCOl only allows a shortened POC, you have to post SOC anyway so might as well do the N1 with a proper POC

 

I don't understand the second claim, is it for another account with NW?

 

If so the SAR should ask for your entire banking history, ie all accounts although you should specify the account numbers, then you can claim them all at the same time on the same claim, I'm claiming three accounts on one of my claims, it might be worth delaying the first claim and starting it again when you have all the statements for NW, you wouldn't have to stump up for two sets of court fees and possibly two sets of AQ fees

 

if the second account is with another bank then it has to be done all over again and separately

 

no-one's sure yet about the OFT case, the official advice is to proceed with claims, NW especially will not settle until you have a court dat and the court date is real soon, they might make you and offer before that but not for more than a third of your claim tops

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Previous advice still stands............. I hope you've contacted the Official Receiver with regards to the bank charges on the account that was included in the bankruptcy. You may come unstuck if you haven't and it may not be worth trying to find the cash to file your claim via MCOL.

 

I'll back out at this stage. Best of luck. :)

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  • 5 weeks later...

After the offer of £654 on 29th July (claim which will end up nearer £5,500 after interest if I took it to Court and won, which is doubtfull at the moment), I received another letter from them today with the same offer and the same 8 weeks to reply.

 

I have been keeping an eye on threads to see if I should pay the £250 to go to Court as at the moment it dosn't seem worth it as it looks like it would be Stayed anyway. And was going to leave it untill the last minute to decide.

 

I presume now I have another 8 weeks to decide (if I can afford the wait) just incase something changes over the next 2 months ?

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You can only go to court to recover a loss that you've actually suffered. If the whole bank account was written off when you went bankrupt then preumably you didn't actually pay the charges, i.e. they just got added to an overdraft that as ultimately written off as part of the sequestration. The fact that they haven't upped their offer suggests that they are perfectly well aware of the situation and are just waiting to get you into court... I think you can expect a pretty hard time from the judge - with negligeable chances of getting any actual cash - if you proceed with court action on this. :(

After the offer of £654 on 29th July (claim which will end up nearer £5,500 after interest if I took it to Court and won, which is doubtfull at the moment), I received another letter from them today with the same offer and the same 8 weeks to reply.

 

I have been keeping an eye on threads to see if I should pay the £250 to go to Court as at the moment it dosn't seem worth it as it looks like it would be Stayed anyway. And was going to leave it untill the last minute to decide.

 

I presume now I have another 8 weeks to decide (if I can afford the wait) just incase something changes over the next 2 months ?

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks for the advice, but surely If it did ever eventually get to Court It would get Stayed anyway.

 

And In the event of US ALL WINNING it would just be a mass payout without questions asked ?

 

And If questions were asked, could I not say that the charges that were made were their part of me going into Bankruptcy.

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