Can charges be claimed after bankruptcy

[itfc78]

My wife and i have recently been discharged from our Bankruptcy and i feel slightly aggreived that HSBC put us on the long slippery road 2 years ago by piling on charge after charge at a time when my wife was due with our 1st child, not working and we were unable to keep up with household bills let alone credit repayments. Has anybody that you know of ever tried to reclaim charges after a bankruptcy.

This bank had over a £700 off me in 8 months,pleas for help went unanswered and was then systematically hounded for a year.

Any advice would be helpful.

Thanks in advance

[Rooster-UK]

Sorry, I don't know. I'm not au fait with bankruptcy..... but I know someone who is.

I'll get someone to give you some advice.

 

Good luck.

 

Regards, Rooster.

[itfc78]

Thank you Rooster, any help would be appreciated.

[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

[itfc78]

Hi Michael,

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

 

cheers

Gary

[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