Discharged bankrupt

[lbg]

Can anyone tell me ( I have looked on the sight but can't find an answer)

My husband was made bankrupt 18 months ago and has now been discharged. Can he claim bank / credit card charges back.

[sequenci]

Can he claim bank / credit card charges back.

 

now discharged i would say so, is he under an Income Payments Agreement?

[chesham]

There are mixed messages regarding this subject. As far as I am aware, when you are declared insolvent (either through bankruptcy or an IVA) you transfer all interest in your estate to the Official Receiver. Any money you owed at the time of going bankrupt is included, and the reverse is true - any money owed to you is also included in your estate.

 

As these charges were owed to him at the time, if he was to successfully claim (which would not happen due to everyone involved knowing that he was declared insolvent), then this money would legally belong to the trustee to distribute amongst the creditors evenly. I would imagine the banks may go ahead with the refund, but offset it against the debt which they lost in the bankruptcy.

 

The only legal way of doing this would be is that if there was enough evidence to show that the unfair charges on the accounts were sufficient enough to force an individual into bankruptcy, these can be claimed back and the bankruptcy annulled - however, I have yet to hear of a claim of this nature being successful.

[Movingon]

Yeah - but he's been discharged. Try to keep up chap.

 

Having been discharged he is no longer bankrupt and as far as I'm aware can now carry on a normal life financially (apart from the fact that it will be near impossible to get credit).

[chesham]

Yes, but the question was relating to claiming charges on accounts which had been included in bankruptcy - well, this is what I was led to believe.

 

Anyhow, any money owed to or owed by the bankrupt at the time of bankruptcy now offically belong to the Insolvency Service (or the OR, or trustee). The fact that debt prior to the judgement is dissolved is also true to credits owed as well.

[sequenci]

Yes, but the question was relating to claiming charges on accounts which had been included in bankruptcy - well, this is what I was led to believe.

 

Anyhow, any money owed to or owed by the bankrupt at the time of bankruptcy now offically belong to the Insolvency Service (or the OR, or trustee). The fact that debt prior to the judgement is dissolved is also true to credits owed as well.

 

now i understand! makes perfect sense now and the various lenders would have a duty to report if these charges were refunded, right? but then again the charges are unlawful.

 

wow, what a grey area!

[chesham]

That is the law for you, never straightforward!

[authentico]

hi,

my buisness went insolvent as soon as the bank requested the charge on my property be paid back:

although my company is insolvent :this matter now has been put to bed by the official reciever and i personally being the biggest claiment against my company:

my point is that the bank did get all their monies back including horrendous charges by forcing me and my family to leave the house and passed it back to the royal bank of scotland to sell and to pay natwest back and also the remainder of the mortage

out of the whole lot we didnt recieve 1 single penny,

surely the bank cant or wont try to contest paying out the charges/fees which i am trying to claim as they have already been paid back in full

please help

[Gingerheid]

Yeah - but he's been discharged. Try to keep up chap.

 

Having been discharged he is no longer bankrupt and as far as I'm aware can now carry on a normal life financially (apart from the fact that it will be near impossible to get credit).

 

Yeah - he can carry on his financial life normally, with the sole exception that his life before the bankruptcy was chopped off and isn't anything to do with him.

 

hi,

my buisness went insolvent as soon as the bank requested the charge on my property be paid back:

although my company is insolvent :this matter now has been put to bed by the official reciever and i personally being the biggest claiment against my company:

my point is that the bank did get all their monies back including horrendous charges by forcing me and my family to leave the house and passed it back to the royal bank of scotland to sell and to pay natwest back and also the remainder of the mortage

out of the whole lot we didnt recieve 1 single penny,

surely the bank cant or wont try to contest paying out the charges/fees which i am trying to claim as they have already been paid back in full

please help

 

In this case the issues are different as you are not bankrupt, it was the company that was insolvent and the bank's claim against you was for what they didn't get back from the liquidation.

 

Here a successful charges claim would reduce their claim in the liquidation and hence the amount they are entitled to have had off you.

 

However you will need legal advice as to who can bring the claim. If the claim has to be brought in the name of the company (and it was the company that was overcharged in the first place) then this is going to be very problematic, particularly if the company has since been dissolved.

 

Whether it is going to be worth it will depend very much on the amount involved.