Climing Credit Card Charges Even If Been In An IVA?

the_insider

The default will be showing as satisfied now, but it will stay there for 6 years.

natweststaffmember

crazyfox8379 wrote: »

Seriously i doubt you looking at that website once is going to make a big impact! So are you saying the MOJ is no good?

To be honest, being regulated does not mean that they are fair, merely that they can practice and are effectively regulated by the MOJ(I use the term regulated loosely).
Furthermore, I really am not gonna waste my time looking at a CMC site. The choice as to whether to use it or not is up to you. I am making sure you have all the available information prior to proceeding and that sometimes means having to say things that you might not like. The choice is yours.

davidgmmafan

crazyfox8379 wrote: »

I've finished my IVA. I dont understand your last part?

My point was before you start an IVA, which is a form of insolvency I would hope you have explorer all possible options such as reclaiming charges.

I also believe it is very likely that at least some of the balance has been written off for two reasons. 1. An IVA by definition suggests the creditor getting back less than they are owed, that's why when IVA companies give examples they often talk in terms of so many pence in the £, same as a liquidator would.

2. In selling it to a DCA the bank probably didn't get much for the debt, having bought the debt for a pittance the DCA still wins even if significant sums are written off.

You may be able to work out these figures roughly if you have any statement prior to the IVA and the offers that were made at the time. You could probably check this with your IP to work out if this is worth pursuing.

crazyfox8379

Claim money is on the way! As my claim solicitor informed me what ever debt was wrote off with my IVA it is wrote of simple as that and that is the end of it. The credit card company can NOT say anything to do with debt that was wrote of because they entered into a legal agreement (IVA) and now that has finished thats the end of it! So as lots of you on here spouted of saying i cant claim my money back and it would be payed towards debt that was wrote of you are actually wrong and i think you need to brush up on your knowledge before giving people wrong information. Anyone would thing you worked for the banks and were trying to put people off claiming!

the_insider

Have you read kymbo's post?

natweststaffmember

crazyfox8379 wrote: »

Claim money is on the way! As my claim solicitor informed me what ever debt was wrote off with my IVA it is wrote of simple as that and that is the end of it. The credit card company can NOT say anything to do with debt that was wrote of because they entered into a legal agreement (IVA) and now that has finished thats the end of it! So as lots of you on here spouted of saying i cant claim my money back and it would be payed towards debt that was wrote of you are actually wrong and i think you need to brush up on your knowledge before giving people wrong information. Anyone would thing you worked for the banks and were trying to put people off claiming!

If you have read what we have said, we have said the opposite, ie that YES you can reclaim but that you are effectively disagreeing with the write off so therefore they have the right to offset a refund against the amount owed on the basis that what has been written off is potentially charges made to the account which you are now pursuing.
When you win and you get the full amount not deducted from the written off amount then post it up cos I would be surprised and it will be useful for others going down this route. It's not about working for a bank or not, but about what is reasonable and logical to do under the circumstances which is exactly what we have said to you.

crazyfox8379

Got a final response letter couple weeks ago from halifax. first letter stated they would refund my refund of £132 to my closed account as there was an outstanding balance but that was refused from my solicitor as there collections department would have recieved my letter with certificate of IVA completion and all outstanding balances therefore should now be leagally cleared and my credit file updated. Final response letter stated "Although we havent changed our opinion about our charging policy to resolve this complaint we are willing to refund the charges from the past 6 years plus the requested annual gross rate interest of 8%. recieved a cheque for £132 6 days later. Now just waiting on capital one.