Refund of bank charges when BR

hbc50l · 11th March 2009, 10:10

Please allow me to pose a question

The scenario being that I have a claim for refund of bank charges autolinker.com autolinking image

stayed by First Direct ("FD") pending the OFT findings.

Subsequent to this, a BR order has been issued.

The OR/Trustee are too busy etc. to pursue anything and all matters have now been resolved pending discharge later this year.

On the assumption that judgement will fall in favour of the masses, who will subsequently get the benefit of the refunded charges?

I suspect that FD will seek to "lose" the charges and claim that they would not be refundable yet surely they should be re-paid to somebody.

For information, they were incurred prior to the BR period but, within the five years prior.

Surely they should be provided for the benefit of the creditors?

Please dont respond if you are only going to say BR therefore leave it to OR/Trustee etc as they either dont have the resource or inclination and thus allow the banks to rumble on and screw the average Joe.

Why should it be acceptable for the average person to be penalised and not the corporate body???

If I had known about this site 12 months ago things could have been very different for me know, its all about damage limitation.

BankFodder · 11th March 2009, 10:46

They would still be liable to refund charges but these would then have to be discussed with your creditors

hbc50l · 11th March 2009, 10:52

Hi BankFodder,

Thanks for the answer, TBH thats what I was thinking. Despite the Trustee being very good through the BR they are now giving some shaky advice and more to the point are expensive!

I am now on a quest to limit the adverse info, I still have the situation where Creditors are posting defaults six months after BR and have been told not to worry about it as future lenders(?) just need to have it explained that the BR supercedes them and the default dates after BR can just be ignored....Yeh like they will listen to that!!

As it turns out much of the debt appears to be un-enforecable so I am currently enlightening them. My own time is free and the cost of stamps is negligable so Its quite enjoyable in its own perverse way.

Hopefully through my own experiences I will be able to give something back to the forum by way of help and advice to others.

Keep up the great work.

11th March 2009, 10:10	#1 (permalink)
hbc50l Basic Account Holder Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : Aug 2008 Posts: 34	Refund of bank charges when BR Please allow me to pose a question The scenario being that I have a claim for refund of bank charges stayed by First Direct ("FD") pending the OFT findings. Subsequent to this, a BR order has been issued. The OR/Trustee are too busy etc. to pursue anything and all matters have now been resolved pending discharge later this year. On the assumption that judgement will fall in favour of the masses, who will subsequently get the benefit of the refunded charges? I suspect that FD will seek to "lose" the charges and claim that they would not be refundable yet surely they should be re-paid to somebody. For information, they were incurred prior to the BR period but, within the five years prior. Surely they should be provided for the benefit of the creditors? Please dont respond if you are only going to say BR therefore leave it to OR/Trustee etc as they either dont have the resource or inclination and thus allow the banks to rumble on and screw the average Joe. Why should it be acceptable for the average person to be penalised and not the corporate body??? If I had known about this site 12 months ago things could have been very different for me know, its all about damage limitation.

11th March 2009, 10:46	#2 (permalink)
BankFodder Site Team The Consumer Action Group Free trial on our eBay auction sniper Cagger since : Jan 2006 I am in: Please consider making a donation if we have helped you. Thanks Posts: 11,501	Re: Refund of bank charges when BR They would still be liable to refund charges but these would then have to be discussed with your creditors __________________ Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me. Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

11th March 2009, 10:52	#3 (permalink)
hbc50l Basic Account Holder Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : Aug 2008 Posts: 34	Re: Refund of bank charges when BR Hi BankFodder, Thanks for the answer, TBH thats what I was thinking. Despite the Trustee being very good through the BR they are now giving some shaky advice and more to the point are expensive! I am now on a quest to limit the adverse info, I still have the situation where Creditors are posting defaults six months after BR and have been told not to worry about it as future lenders(?) just need to have it explained that the BR supercedes them and the default dates after BR can just be ignored....Yeh like they will listen to that!! As it turns out much of the debt appears to be un-enforecable so I am currently enlightening them. My own time is free and the cost of stamps is negligable so Its quite enjoyable in its own perverse way. Hopefully through my own experiences I will be able to give something back to the forum by way of help and advice to others. Keep up the great work.