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I went bankrupt and my bank account was closed. Does anyone know if i can still reclaim my bank charges? |
I went bankrupt and my bank account was closed. Does anyone know if i can still reclaim my bank charges? Yes, you can! This is the best situation to be in (not bankrupt, but claiming from a closed account :-) ), as the banks can't penalise you in any way for claiming. Just because you are bankrupt does not make any difference to whether or not you can claim back your charges! I successfully claimed back over 拢700 from the HSBC, and i`m currently persuing a second claim. Many users of my site have claimed back thousands from a range of different banks and building societies. Use the steps below, and the template letters on my site and you should have a good chance of getting a full refund of your charges. The full process and timescales for claiming back your charges is: 1) Write to the bank and ask them for a copy of your charges for the last 6 years, or alternatively a set of statements for the same period. You do this by making a "Subject Access Request" under the Data Protection Act, enclosing a cheque for 拢10 made out to the bank. This by passes the banks normal charges for statements which is normal a large amount for 6 years worth. The bank have 40 days to send you the data. 2) Write to the bank asking them to refund your charges, giving them 14 days to reply, attaching a "Schedule of Charges" (a list of the charges you are claiming for). 3) Send the bank a "Letter before Action" giving the bank one last chance to refund your charges before you take court action. They have 14 days to reply. 4) File a claim online using the Money Claim Online web site run by the UK Court Service. The claim is served on the bank 5 days after its submitted. The bank has 14 days to acknowledge the claim. If they don't you can request a "Judgement by Default" and you win the case, and get your charges, statutory interest at 8%, and your court fees. If they do acknowledge the claim, they then have 14 days to submit a defence (making 28 days in total from the date the claim was served). If they don't then you can again request a "Judgement by Default", and get back your charges, interest and court fees as above. If they file a defence, then you and the bank get an "Allocation Questionnaire" to fill in. Some judges dismiss the case at this stage, as the bank can't win, so again you win. If this doesn't happen, a hearing date is allocated. The bank will most likely either back out before the hearing, or won't turn up in court. Again you win the case and get your charges, interest and fees. Follow the correct procedures and you stand a good chance of getting your charges back! Its important to send all letters to the bank and courts by recorded delivery, so you can prove they were received, and more importantly when they were received (which you can find from the tracking section of the Royal Mail web site). Also make sure that you send all letters to the banks head office, and not your local branch. Don't phone the bank either, as this can delay things and you have no proof of whats been said. Have a look at my site below which has detailed step by step guides to the whole process of claiming your charges back. It also has template letters you can put your details into and send to the bank, and forums for one to one advice. We also have a guide to filing your claim in court online, which is unique to the site. The site is free to use! Source(s): http://www.claimbankchargesback.co.uk/... you've just gone bankrupt mate why would you want to? save face, cut your loses and start again any bank charges would no doubtedly be eaten up by what you owe anyway, come on! I'm sure claimbankchargesback knows what he is talking about. If the wrongful bank charges helped to push you over the edge, you also ought to be able to claim increased damages for the loss of potential business Steve T raises a very interesting legal point and one which you would need a lawyer! If the charges are untimately found to be illegal and that was all that made you bankrupt you could no doubt sue the bank for all sorts. But otherwise if you are bankrupt and get the charges back you will have to inform your trustee and s/he will normally take all or most to go to your creditors... I think you'll find that your Trustee is entitled to any refund!!!! Don't bother. |
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