IVA Completion & reclaiming credit card charges

matty101

Hi,

I wondered if anyone could offer any advice on my situation:

Over the last few months ive been in the process of claiming back credit card charges from Capital One. In June 05 i entered an IVA, which completed on 16/10/08 by way of an early settlement. On 30/10/08 Capital One offered me a full refund of charges and interest of around £1,130. However, they only took this off the balance of what i owed them, even though my IVA had officially completed and every creditor marked their files as 'account satisfied', before the offer was accepted. I have spoken to my old IVA practioner who advised that under the terms & conditions of my IVA they could not do this. However, Capital One arent budging on their decision. Does anyone know if Capital One are in the wrong, or offer any advice whatsoever?

james32_uk

I had this with Goldfish. I had to go on and on at them before I got through to someone who agreed that they could not do that. By law the repayments MUST go to you and you MUST declare them to your IP so that they can be distributed amongst all your creditors fairly. I suggest you contact your IP and get them to deal with it if you have tried already.

Not_so_wise_one

james23_uk wrote: »

I had this with Goldfish. I had to go on and on at them before I got through to someone who agreed that they could not do that. By law the repayments MUST go to you and you MUST declare them to your IP so that they can be distributed amongst all your creditors fairly. I suggest you contact your IP and get them to deal with it if you have tried already.

Why would you declare the payments to the IP after the IVA has been completed and satisfied. Surely that money would now be the property of matty101?

james32_uk

Not_so_wise_one wrote: »

Why would you declare the payments to the IP after the IVA has been completed and satisfied. Surely that money would now be the property of matty101?

Many apologies I mis-read that bit of the OP's post. Obviously this now has nothing to do with the IP.

Not_so_wise_one

NP, in fact I am curious about this sort of thing as I want to do something similar with bank charges in about 10 months time.

trudij

I rang my IP after egg did this to me a coupld of months ago - they said that they cant do anything, but they would change the payments accordingly,so I kinda feel they are getting their just desserts....

Not_so_wise_one

trudij, did you do a claim while in your IVA and that's why they changed your payments?

trudij

Yes - still in my iva. IP are going to adjust the amount I owe egg, so they wont get extra.... Its only(!) £300 odd, but its the principal.

(ha !!!)

bubblesqueak

Can I just get this straight in my head - I went into an IVA in Aug 05. I settled in Oct 07. Can I go back to them all now and reclaim any charges from NATWEST and credit card companies that they charged me before I went into the IVA?

trudij

yup yes, good luck!!

PaulinWeston

Has anyone else had any luck / similar experiences?

Is there any case I should quote or legistaltion I should cite?

I took out an IVA in May 2005 as a result of (among other things) excessive bank and credit card charges which I was unable to repay. I was lucky enough to be able to settle the IVA early (June 2008). I've gone back to my IP to see if he'd be willing to help but he wants to charge me ££ to answer my questions.

Many thanks in anticipation...

Paul