Debt Management Plan and claiming bank charges

milliejon

I'm sorry if this question has been asked before, but I've spent hours reading these forums and the Bank Action Group forums and can't seem to find an answer.

I have been running a debt management plan with all my creditors for the past 18 months or so. Most of these I am able to claim unfair charges from. My worry is if I do this, will this jeapordise my arrangements with them? I really don't want to start something with them, if there's a chance they will ask me to repay my debts in full (which of course I can't do).

My reason for thinking this, is the preliminary letter says something about the bank stepping outside the agreement of the account (to act within the law etc). I see that by defaulting on accounts, that I have gone against the agreement.

Also, if I do claim, do I take off the original debt? Ie, if I went overdrawn for £12, but the bank charged me £30, do I only claim the £18 difference?

Thanks in advance.

moozie_2

Hi there

I think the Consumer Action Group would be a better place for asking this question.

One thing that is made clear there is that anyone taking action against their bank, should have a 'parachute' account in case the banks defaults the account that the claim is linked to. I've always taken this to mean that the banks can close any accounts that are overdrawn and ask for immediate repayment of the outstanding amount. Please note this is what I have concluded having read the library/FAQs/forum at the CAG.

I don't know how it would work with defaulted accounts - it could be something like the above or not.

Best to look into it fully before embarking on a claim. Good luck!

milliejon

Thanks Moozie - I have posted there, but there's not many people on today. It's one of those questions I need some advice about before I get counting! My first reaction to my question (!) is that I shouldn't reclaim the charges. All of my creditors have accepted my offers and I've been paying for some time now - I don't want to rock the boat.

aimme13

HI, i am in the same position as you.....i have been with payplan for 2 years......im sure i would have loads of charges pre-payplan days.....i always follow the bank charges thread and have often wondered if i could claim them back.......my guess is they would then withdraw from the agreement of how much i pay them......will be interesting to find out

milliejon

aimme13 - interesting but I don't think I'd like to be the guinnea pig! I'm pretty sure they would pull out too.

Janey51

Hi milliejon.
I am hoping to be able to make a full and final offer on our humungous debts after we sell our house in a couple of months and then we'll go after the bank charges they owe us.
We had already thought about this problem but decided to get the people we owe money to accept our offer of payment first.
Hoping this works!It would give us some kind of start again after selling everything to get out of debt.

System

I've sent 12 letters off. Dont ask, dont get!

revolution2509

Can you claim charges on closed accounts within the 6 year timeframe? Also, what about mortgage late fees? Are they included in this?

kickingkay

hi interesting post
im with CCCS i ahve a dmp with them since jan i have recently been informed by one of my creditors i am overdrawn i was really surprized as i closed the account! anyway after some investigation work they had been paying my loan through my current account i closed! (both with cahoot) cut the story short they relised this and refunded back the payments and charges i went made at them it worked, however the same thing haas now happened with HSBC they have been honering a payment to themselves! for 250 pcm well as you can imagine im about a grand overdrawn now i closed all accounts SO,DD etc when i went to CCCS by their advise, HSBC have informed me if i dont pay the overdraft and the loan payments they will pass on to debt collecting agency surely their tactics are breaching some guidline??????
any thoughts
cheers klare x

milliejon

kickingkay wrote:

hi interesting post
im with CCCS i ahve a dmp with them since jan i have recently been informed by one of my creditors i am overdrawn i was really surprized as i closed the account! anyway after some investigation work they had been paying my loan through my current account i closed! (both with cahoot) cut the story short they relised this and refunded back the payments and charges i went made at them it worked, however the same thing haas now happened with HSBC they have been honering a payment to themselves! for 250 pcm well as you can imagine im about a grand overdrawn now i closed all accounts SO,DD etc when i went to CCCS by their advise, HSBC have informed me if i dont pay the overdraft and the loan payments they will pass on to debt collecting agency surely their tactics are breaching some guidline??????
any thoughts
cheers klare x

Klare - I'd get in touch with CCCs. I'm sorry, I don't have any other advice, but perhaps somebody else does.

BTW - I've looked through my charges and have decided that the amount is not enough to chance the arrangements being messed up. Good luck to everyone else though.