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Reclaiming and in an IVA

I got this letter from Mint today -

You should be aware however that to contact us direct, disputing the balance lodged at Court could cause the IVA to fail. I reiterate that you must contact the IP about this, as for legal reasons we cannot deal with any dispute while the IVA is still active.

Anyway, I contacted my IP and they said the above is nonsense and I could go ahead with the claim, the onlyh thing is they may take if off the balance and not pay me directly. I am quite happy with this THB. Anyone have any experience of this or Martin do you have any comments?

Comments

  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    Sosotired wrote: »
    I got this letter from Mint today -

    You should be aware however that to contact us direct, disputing the balance lodged at Court could cause the IVA to fail. I reiterate that you must contact the IP about this, as for legal reasons we cannot deal with any dispute while the IVA is still active.

    Anyway, I contacted my IP and they said the above is nonsense and I could go ahead with the claim, the onlyh thing is they may take if off the balance and not pay me directly. I am quite happy with this THB. Anyone have any experience of this or Martin do you have any comments?

    I think what your IP said was absolutely correct.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • Sosotired
    Sosotired Posts: 71 Forumite
    I think what your IP said was absolutely correct.

    Thanks, I think I am still going to claim, I am happy for the amount to be reduced and I think it is so bad that they are trying to "scare" me with a failed IVA! Any trick in the book - IMHO
  • ndf9876
    ndf9876 Posts: 404 Forumite
    Part of the Furniture 100 Posts Name Dropper
    For what it's worth, I'm going to go about reclaiming the enormous credit card charges I accrued before I kicked off my IVA in 2005. Already put a call in to my IP to discuss.

    Now, I've read elsewhere that any refund would just be applied to your account, but since my accounts have been closed (and debt sold on to 3rd parties) any refund would count as a 'windfall' of which only 50% is payable towards the IVA (my contract states this amount). I'll let you know how I get on - I might be barking up the wrong tree but the amount of £35 charges I collected was staggering, and even 50% of any money back would be worth my time and a few letters sent Recorded Delivery !
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