Claiming after an IVA

kim4046

Hi I completed my IVA by a full and final offer in March 2012. I've recently been off work so I took the time to look into reclaiming my bank and card charges, ppi, special cash interest and cash advance fees.

I've got a few cases with the ombudsman at the moment.

I was told that when I had completed my IVA that the debt would be written off completely. Just scratching my head now because money that is due to me from the past is getting written off against debt which does no longer exist??? According to my contact the Ombudsman she seems to think that the debt doesn't dissappear after an IVA and they are in the right to keep my refunds? I'm obviously arguing the point.

I cannot find any legal reason in my IVA paperwork which would let them be able to do this.

On another note.. MBNA special cash interest. I have made several calls to MBNA and nobody can tell me what this interest is and why its applied to my account??? They are still investigating. I have asked for all of the special cash interest charges to be refunded as the charge is not outlined in my T&C's and I did not agree to the charge. I should hear by 11th October so I'll keep you all posted.

Natwest has still not paid up on their offer that they made to me for my PPI claim from 4 months ago. It has cost me over £80 in phone calls to several depts in NatWest. They always say that I should get my refund soon and pass me to another dept. I have a complaint lodged but they are yet to assign a case worker to my complaint....??? Brilliant!!

Got loads more going on with complaints about cash advance fees also with MBNA as they were not explained clearly at all on the T&C's and 'Cash' means physical money eg change or notes so how the hell do internet purchases mean cash advances???? At no point on my t&c's did it set out the rate they would be charging me for these cash advances and or what actually consituted a 'cash advance'. Again MBNA are taking their time looking into my complaint but they are keeping me informed with regular letters to say they need longer to look into this.

Got loads more to tell you about but I think its easier to set up seperate threads... Shop Direct, HFC bank, Countrywide Mortgage Services, Santander Cards.

Comments and similar stories would be really appreciated.

Anondebtadvisor

Firstly you need to establish whether the PPI monies are an asset included in your IVA.

It may not specifically relate to PPI, but there may be a clause which covers "all assets" rather than just the assets you were offering to the IVA - if this is the case you may not get any of the PPI refunded yourself

dunstonh

The Govt clarified the position with bankruptcy earlier this year but IVAs are still a grey area.

The general position is that if the lender wrote some debt off as part of a settlement then they can use the redress against that amount written off. However, some claim the lenders cant do that. Problem is there is no rule either way. Some people have been successful in getting the redress themselves. Others have not. And as mentioned above, it may have already been considered.

kim4046

Its not mentioned anywhere in my iva that ppi was an asset. There is a list of my assets including my £400 car and the £100 that was in my bank account. Not mention of anything like ppi.

I completed my IVA last year.. Its still nowhere in writing to say that they have claim over any of my refunds that may be due. I'm still waiting to hear a formal response from the ombudsman. I'll let you know.

kim4046

I forgot to mention that NatWest have paid me the interest owed on the ppi payment but not the actual ppi chunk. It was still over £400 but surely if they believed they had rights to the whole lot then they would have kept that money also?

dunstonh

kim4046 wrote: »

I forgot to mention that NatWest have paid me the interest owed on the ppi payment but not the actual ppi chunk. It was still over £400 but surely if they believed they had rights to the whole lot then they would have kept that money also?

That is the common way it is split. Capital element goes against debt. Interest element comes to you.

kim4046

An update on my complaints so far -

NatWest PPI - They have agreed that the PPI money should come to me and not be set against settled debts. They sent me a cheque, which was unsigned, and after numerous complaints they have sent me another cheque as of the 9th of October. This cheque didn't arrive and NatWest has now said that they are sending me out a new cheque. My initial complaint was in June and I accepted their offer straight away its now October!!!

MBNA have failed to reply to ALL of my complaints! They have all been sent to the ombudsman on the basis that they have failed to reply within 8 weeks.

HFC Bank have made me an offer for a late fees but only offered me 3 days interest at 2pence! I am waiting for a reply to find out why only 3 days and not the 5 years as I'm owed.

The MBNA special cash interest complaints have gone to the ombudsman and they still cannot tell me what this fee is for. Its not on their online terms and conditions as well as my printed ones and its even not on their online glossary! Check your account if you have any dealings with MBNA. In my experience the worst cc lender!

Hope you're all getting on well with your money owed back.

DevCoder

Special Cash Interest is promotional or introductory interest rates on cash advances

kim4046

Hi,

I finally got a reply from MBNA about its Special Cash interest. If it was so easy and common then why did it take 4 departments and a formal complaint to tell me that it was because I had missed a payment and lost my introductory rate?? The mind boggles.

Anyway the main reason for my update is because of NatWest. In my last update they had sent me an unsigned cheque and then promised to send me a new one in the post. This new cheque didn't arrive in the post and neither did the one after that. I really struggle to believe that Royal Mail have lost 2 cheques and with the way they have treated me, I believe that to have been lies and that the cheques weren't even sent out.

I finally got a new cheque sent out last week 11th November (the ppi was agreed and accepted in June!!)and I found out today that NatWest have cancelled it so I'm still without my cheque and I'm constantly being fobbed off and I'm not able to speak to the person dealing with my complaint, which is extremely frustrating.

I spoke to someone on the phone at NatWest today and I got the usual speach that they will have to re open the complaint and that can take 2 weeks and then from experience it takes another month to get a reply so this could be going on for months yet! They agreed that they owe me the money so why don't they just bloody pay it.

In my experience and opinion they are the worst bank I've ever had to deal with.

Good luck to anyone who is also having issues with NatWest. Unfortunately you'll need it.