Claiming in a DMP/IVA (merged)

queenofbargains

Thank you so much for your reply Martin - I had the feeling there would many variables to this question, which is why I asked you first!

I hope you didn't think I was being very rude by not replying earlier, but I have been laid up with the lurgy and only just got out of my bed again!!

I think I will start the process of claiming from my bank, but what's your opinion about trying to do the same with a credit card that has now sold the debt on please? Will it be a total waste of time because the debt is no longer with them so they have nothing to lose by saying no? I think I'm still unsure whether to risk the cards that haven't sold on my debt in case they stop freezing interest on the account - need to think about the pros and cons when my head is more with it!

I hope I'm right in saying that the majority of people on a DMP with CCCS would definitely want any refund to clear (or part clear) their exisiting debt with the bank. I for one would be thrilled if it got rid of one of my debts!

I REALLY appreciate the time you've spent addressing my question and I'm sure many others are too! Thank you again!

L-Jay

I've answered with my own experiences - obviously I don't know if these are the norm.

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

Yes

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

They will automatically come off your debt.

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.)

In this instance I automatically got sent a cheque.

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

I wrote to the original credit providers and again got cheques (Ikea Home Card and Oasis Store Card in my case)

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

Not at all!!!

Hope this helps or at leasts encourages someone!

kazzaj

I had a few financial difficulties a few years ago and I know I paid lots of charges on my credit cards. Howver, the cards fell into arrears and although they are closed and paid off now, when I paid them off I negotiated a settlement figure. Would I still be able to reclaim my charges in view of this?
Thanks

Edinburghlass_2

As above really kazzaj, the credit card companies may well expect any monies to be paid into the closed accounts, no-one can really say for sure but it might be worth trying on one of the cards to see what happens.

electriclady

Hi everyone,

I am not currently in dmp/iva but I am looking to go into DMP.

I am thinking about claiming my charges back from my HSBC and Barclays current accounts and my HSBC credit card. The only problem is that all these accounts are closed and defaulted. I haven't paid anything on them for a while, so obviously debt collection agencies are chasing me.

I know I have been stupid but getting myself in a mess. I know I have been charged alarge amount of unfair charges on these accounts.

Can anyone advice me on what is best to do?

Shall I send off for all statements for charges and try and claim them?
Would they take the whole amount off me or would I be able to request the claim by cheque so I can choose what i pay off with the money?
Some of charges will be bounced cheques.....can i claim on these?

Has anyone in a simular situation that can advise me?

Sorry for all the questions, just really unsure of where i stand and what to do etc.

Thanks

Stevexj

the DCA that Cap one use is called Fredricksson International

Miss_Neo

Hello helpful people!

I've read through the previous posts and would like to check that I am understanding this correctly.

1. Anyone on a DMP can claim back unlawful charges.
2. Any money claimed back may have to go straight on the debts.
3. At this point it does NOT look like the banks/cc companies are rejecting the DMP's if we claim unlawful charges.
4. Someone on here has claimed back unlawful charges whilst being on a DMP.
5. We've not heard any horror stories yet... but have not been given any definate yes or no's on this.

I saw the post from Martin giving a statement from a DMP company - they didn't say much but did not say it would effect our DMP'S.



Am I correct?? I'd like to to start my claims.......

Miss_Neo

L-Jay - thanks for your reply - it's really helpful.

If you had ant DMP related problems when claiming or have any advice on do's and don't that differ from the usual claiming route please put them on here.

I'm going to start my claim!!

xx

L-Jay

Miss_Neo wrote:

L-Jay - thanks for your reply - it's really helpful.

If you had ant DMP related problems when claiming or have any advice on do's and don't that differ from the usual claiming route please put them on here.

I'm going to start my claim!!

xx

The only problem I've had specific to my situation was that 2 of my debts that had been sold on to Debt Management companies sent me offers minus the amount that they were charged by the agency. Consequently they offered me a lesser amount - to be honest I accepted but I guess I could/should have pushed for the full amount, but to me it seemed fair enough.
Obviously I haven't seen any of the money I've been refunded but it's brought my debt down which I'm chuffed about.

If I can help with anything else shout up.

Good luck.

queenofbargains

Hi L-Jay,

Thank you so much for your reply - you have definitely encouraged me!! That's really helped and I think I know what I'm going to do now (that is after I stop feeling so ill!!). This is the only site I'm getting out of bed for at the moment - it's that important!

Miss-Neo .. I echo your sentiments too! Any one else with similar situations that we can learn from (inc pitfalls!) we'd love to hear from you!