Claiming in a DMP/IVA (merged)

queenofbargains

Hi Martin - hope you don't mind me asking you this question directly!

I have been reading thread after thread looking for some answers or advice concerning this question without success. There are MANY people asking the same question, and although there are a few people that have given their considered opinion, I can't find anyone who has a real answer - or maybe there isn't one?!

Is it possible for you to write something about this where you have all your other info concerning this matter - even if it's to say "this is what I think" sort of piece rather than a definitive answer!

My questions!

1. Can you ask for refunds of charges when there is a DMP in place with CCCS?

2. Will any refunds due come to me or be taken off my debt with that particular company.

3. Will any refunds due on an old (no longer used) bank account that only has the unpaid overdraft debt left on it, automatically be credited to that, or can I legitimately ask for it to be sent payable to me in a cheque form? (The overdraft is included in the DMP.)

3. If any debts have been sold on, can I still claim any charges back? If so - who do I write to?

4. Is it stirring up a hornets nest going down the refund route in the first place if you have a DMP?!

I really hope you can help - I suffer from M.E. and it's so exhausting reading through so many posts, plus it's difficult to keep up as they get posted at the rate of knots!!

Thanking you MSE in anticipation of your wisdom!!

PS: Although I only have a few posts on your Forums, I have been registered with you for about 18 months and read "anonymously" in the background every day! Your weekly email is a highlight of my inbox, I watch nearly all your TV appearances, and listen avidly when you're on Jeremy Vine! Surely all that MUST mean an answer from you ......... ?!
PPS: Yes I know that makes me sound very sad !!
PPPS: When will we see you dancing on the TV again ....... you were pretty good!!!
PPPPS: Thank you MSE and all your brill staff for the best site on the web!!

MSE_Martin

I'm on this.... will get back to you

BoingBoing_2

Hi, I'm on a DMP with CCCS and I'm claiming back charges from first direct, to whom I owe money. The account with them has been closed for a year, i'm paying off the overdraft direct to first direct, and the outstanding loan amount to the company they sold the debt on to.

I applied directly to first direct regarding the fees. I recieved an offer letter yesterday from first direct and on the acceptance slip they want me to sign it states "and understand the funds will be paid by means of a cheque to my home address."

Not once did they make any mention of my DMP or state that the money must be used as part payment towards any outstanding amount (although it will be paid straight into my DMP lol).

Hope this helps a little, and good luck x

PS I think this post is a great idea, as I had trouble finding a definitive answer to point number 4 too and lots of us have been asking the same questions!

jdbeanie

Hi

Has anyone tried claiming back their bank charges for an account that was included in an IVA and if so how have you got on?

I've settled an IVA which included a bank account with Natwest which is now closed. I'd like to try and get my charges back on the account but am just not sure if I'm likely to get anywhere with a claim.

Anyone got any opinions?

JD

queenofbargains

Thank you sooooooooooooo much for looking at my question .... I feel very touched (if I knew how to put icons in I would put the red face one here!!) and VERY grateful.

Boingboing thank you for your reply - that's the sort of answer I would like my bank to give if/when I start this process so that gives me hope. I pay my bank for the overdraft but it's also part of my DMP

Thanks again MSE and team! You simply are the best!

Rex_Mundi

Some of your questions may already have been answered in THIS THREAD.

MSE_Martin

The following is the view of the top lot at the CCCS

Martin

"The answer is not very clear I'm afraid because there are too many variables.

Not all lenders freeze interest, so there may be no impact. For those that do, it may affect their decision whether to continue the freeze, particularly if they have had to fork out a lot in charge refunds.

I'm not aware that any have very specific policies regarding how they will treat DMP clients who request refunds. I'm certainly not aware of any clients who have suffered as a result of reclaiming their charges.

If a bank overdraft is comprised almost entirely of charges that were then refunded, that would essentially wipe one of the debts out altogether and remove it from the plan.We would expect the client to use the money towards clearance of the debts, unfortunately, as we are not actively involved in the process (i.e. we don't do it for them) we don't know to what extent they are successful and how much they get - we're reliant on their honesty!)"

Edinburghlass_2

Interesting the bit about freezing the interest as I was searching earlier for threads regarding banks closing accounts and one user has the interest frozen and wondered if a reclaim would affect this.

I'll try and find the threads again later.

michellecraig1

Hi i am in the same situation with cccs and Lloyds sent me a cheque for 750.00, last week and i owe them 9000.00 i apllied for 4000.00 and they offered me 750.00 not sure wether to cash the cheque ot go for more money.

michellecraig1

hi its me again any advice on wether or not to cash this cheque for 750.00, or send it back or send another letter or go to court. the bank said this is there final response and to go to the ombudman, the bank i am dealing with is lloyds.