Bank charges in BR

[Skippy]

I am going to court either next Thursday or the following Thursday (I don't have to make an appointment) to petition for my bankruptcy. Lloyds TSB have informed me that, as they couldn't honour a DD for £35 as there wasn't enough money in the account, they are going to take £35 in charges next month. If they have taken it before I go BR I will be overdrawn again (I need all the money for BR fees) and I can add them to my list of creditors. My question is, if they haven't taken the money, can they try to do so after the account has been frozen by the OR, and what will happen? Can they chase me for payment even though I am BR, or will they be bound by the terms of the BR?

Thanks in advance for your help.

Onwards and upwards!!!

[gimmewine]

Skippy, first of all, good luck with your petition. I don't know anything about br procedures or what it involves, but bank charges at £35 are deemed excessive and a penalty and you can ask for them to be refunded to your account. you can claim back charges for 6 years. There are loads of websites giving you template letters, so if they do chase you, you can always fire off letter 1 and see how you go. Might not be much point if they are going to be part of the BR and added to your list of creditors though.

[MelanieGiles]

Skippy

The bank may still make contractual charges after the account has been frozen - but by that stage you will be bankrupt so it really doesn't make any difference to you.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk