Before 6 years ?

[Robertxc]

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.

It is true that a lot of cases are being stayed. The problem you ill have is that the bank's lawyer is very likely to point out to the judge that due to your bankruptcy you didn't actually pay any charges, because the account they were applied to was written off by the bank. The judge will ask you for your comments about that, and you'll have little option but to agree. At that point the judge ill almost certainly dismiss your case.

 

kathh, you've had some excellent advice on this thread and I think you'd do well to heed it. The reality is I'm afraid that you have virtually no chance at all of getting any of these charges back, for the simple reason that you didn't actually pay them. As for 'mass payouts', my on view is that when the OFT win their case the banks are more likely to be given strict rules on the amount of time they're allowed to take to give people their money back, rather than just be told to start transferring cash. I think that the banks ill still need to deal with it on a case by case basis. Since your case will probably stick out as being one of the relatively more complicated ones (because of the bankruptcy) I ould expect them to take a bit more trouble to ensure that they don't pay you anything they shouldn't be...

[kathh]

Thanks again for your advice.

 

I think it's best that I call them and accept their offer (it will help out towards Christmas for the kids), and hopefully they will make it out to me rather than the ex Company name.

 

Thanks again.

[sequenci]

Thanks again for your advice.

 

I think it's best that I call them and accept their offer (it will help out towards Christmas for the kids), and hopefully they will make it out to me rather than the ex Company name.

 

Thanks again.

 

Accepting their offer *could* still be an offence, your bankruptcy may well come back to bite you, to be honest, i'll be very surprised if it didn't. I've had clients try and do similar in the past, it got pretty nasty, pretty quickly. If their offer is just a gesture of goodwill, however, could mean that it is viewed as a gift and not payment of the charges. it's certainly an interesting situation, i'll give you that!

[dar£n]

In response to sequenci

Accepting their offer *could* still be an offence,

 

I agree as long as the offer is made from the bank as ''a gesture of goodwill'' the payment should be okay.

 

I have just read the thread and have to agree with everyones comments about actually pursuing it to the courtroom,, your only hope would be that they settle before the hearing but in this case I really do not think they would.