Nightmare completed IVA and Nationwide

crispqueen

Hi everyone
I really do hope that someone can advise me here!!!
Its a bit complicated but I believe it all boils down to the same thing!

My hubby and I had a short term IVA. It started with the meeting in July 2006 and ended in Nov 2006. Nationwide building society didnt claim their debts of this IVA (through a trainees mistake) and as a result through the NI Insolvency(order)1989, my IP had the power to strike them out of the creditors claim for debt. So as a result they got nothing.

The Nationwide obiously arent happy about this but when they recieved a copy of the `supervisors final report`, they agreed that there was no longer any money owing on either the credit card or the flexaccount(claiming charges of the flexaccount BTW)
They have agreed to close the accounts and mark the accounts as `settled` and remove a wrongly applied default.

Sounds okay but there is a problem,,,
I got a letter from a very ignorant Mr Huntley who first of all told me that I got a refund of the charges on 12 Jan 2007 to the flexaccount...at the time it wasnt marked as `settled` so understandably they credited the `amount owed on the outstanding debt.
Then when the account was marked as `settled ` with the IP`s final report being sent to them, they have now informed me that their legal dept had decided that no further monies (i.e refund) will be made after all...
Their deadline with the court was 8 Feb, I posted my default decree form as the girl at the small claims court had told me I`d won by default as they had said they would pay and then didnt!

As I`m in N.Ireland and this was served in England, will I now need to go to England for a court hearing (all expenses paid I hope when I win) or am I at the stage for balliffs???

Its my 2nd claim -as I had to split the claim (advice at the time - NI claims just £2000 max.)

This claim is ony just over £400. but its the principle of the whole thing...I think theyre just not happy cos they never claimed their money of the IVA in the first place and they hope I`ll go away(as if)
What does anyone think?

Thanks in advance

Tootsie_Roll

So the nationwide have written off £x of your debt and you are still trying to claim £y back from them even though they will have lost out.

Personally I think they can apply any amount of your re-claimed charges to the debt you have outstanding with them due to their common law right of set off.

Frankly, if i'm reading your post correctly I am pretty appalled you have the gall to try and reclaim anything at all from them.

crispqueen

Well you can be appalled if you like!

A creditors meeting was held, they didnt comply with the high court ruling and so didnt get any of their debt owed...not my fault but theirs...the bank charges are a seperate issue here - i.e nothing to do with their mistake.
They were happy enough to take the money of me out of working and child tax credits at an unavoidable time in my life and also throw me into mortgage arrears when I didnt have it. I complied with all aspects of the IVA - where by the way I volunteered to sell my house (and did) to pay all creditors lump sums - 82%. The fact that they werent organised enough to take it isnt my problem.

Legally I dont have any outstanding debt with them.

Any other more positive posts from members would be welcome!

crispqueen

Just a quick update...
I now have a court date for 12th March.
Quote 15th Feb 2007
`No notice of dispute and/or counterclaim having been recieved from the respondent, it is this day ordered and decreed that the applicant do recover from the respondent an amount to be assessed by the District Judge`