Claiming in a DMP/IVA (merged)

josephleon

Hi, new to the forum, hopefully will learn a lot before sending that first letter, a couple of years ago we got ourself into the same difficulties as a lot of people, we was being hit by charges left,right,and centre by the HALIFAX, usual story, living on the overdraft, not enougth comin in, bein hit by carges which took us over the o/d then bein hit again etc etc,
My situation at the moment is we entered into a formal agreement with the halifax and so just pay a minimum paymnt to them, they not adding any interest , god forbid if a payment is not received my phone is glowing red for a few days....
I was pointed to this site and have all my old statments, i checked and i have paid over £1000 of charges to them.if i start the refund process will it have any effect on the agreement i have with them,(the agreement was implemeted by a debt managment company)..

thanks

moonlightpjs

Hi, I have started to think about claiming from the Halifax and contacted the CCCS about including them in our DMP, they said yes even though it was a debt accured after we started the DMP and are going to contact them so i am going to carry on with claiming back the charges, After all the charges are unjust so I don't think we are doing anything wrong.
Because I only contacted the CCCS this week, do I wait till the Halifax have received information from CCCS before I start the claiming process?

welsh-bess

Hi
I am really confused!

I want to claim my bank charges back from the bank we have bank charges every month of £125 for an unotherised overdraft.
Please could you help me as we are in an IVA we can not have an overdraft, or loans, we have approx 18 months left in the IVA.
I read on the site somewhere that a lady was in an IVA and she claimed her bank charges back and got to keep half of the claim and the other half was paid into her IVA which reduced the time left she had to pay. There was another one on here that said the bank charges were not classed as a windfall so she got to keep the full claim back.
I want to do everything correctly but need loads of infomation, please can you help me!!!!!
I posted a thread on the consumer action group under HSBC and a few people tried to help but said they didnt know enough about IVA rules.

The thread is "I'm not sure if we can claim"

I contacted my IVA office and they were not sure but would pass it onto my IVA supervisor who replied with this letter-


Dear Mrs Jones

RE: YOUR VOLUNTARY ARRANGEMENT

I refer to the above and your recent email.

To enable us to look into your request further, please could you give an indication of the amount of the claim you believe you have against your bank, the nature of your claim and any written evidence that you have a valid claim.

Once we have received this information and evidence we would then be in a position to consider whether we could convene a meeting of creditors asking them to vote on a modification to the voluntary arrangement to the effect that you consider yourself to have a valid claim against the bank that is sufficient to repay your creditors at least 45 pence in the £ in full and final settlement of your voluntary arrangement; that you may pursue such a claim against the bank; and that if the claim is successful, you will introduce such lump sum into your voluntary arrangement as will pay your creditors [45] pence in the £ in full and final settlement. Depending upon the actual amount of your claim, you may have to offer more than 45 pence in the £ as full and final settlement, but we will consider the actual amount which should be offered, when you give us details of your claim.

Until such time as creditors agree to any such modification (and indeed until such time as you are successful in your claim against the bank), you must of course maintain your current contribution payments.

Should you have any queries regarding the contents of this letter, please do not hesitate to contact Julie Foster of this office on the above number.

Yours sincerely




G N Ratcliffe
Supervisor


Please advise me the best course of action
PLEASE HELP!!!

Edinburghlass_2

There are some answers in this thread that may help you welsh-bess.

starship23

Hello everyone, first time poster seeking advice!
I'll try to be brief, but this could be a long one...

4 years ago I had a Capital One card, the basic 'credit building' card that they pitch from time to time. I took it because I needed to do some work on my credit rating, but ended up exceeding the credit limit after 6 months or so when they applied some charges for a late payment. The first I knew about this was when I recieved a statement with £150 worth of charges on it. I wasn't in a position to pay this so called them and asked for their help in resolving it. I was told that all they were prepared to do was allow the account to default and then hand it to their collection department, with whom I could negotiate repayments that I could afford. Once this happened I was in debt to the tune of £523 plus change, far more than the £180 I had actually borrowed off them!
This situation has now rumbled on for years, as I sought the advice of my local debt counsellors (who were brilliant) who advised me to make a cursory offer to pay £1 per month until I was in a position to pay off more of the debt. Not a single one of the 5 agencies which Capital One sicced on me were prepared to accept the offer and the final word I heard from them (nearly 2 years ago...) was that the matter had been handed back to Capital One.
Wind forward to last month, having given the matter very little thought in the intervening years, I got a letter from a company who have apparently bought the debt from Capital One, and whith whom I now have to settle. Fine. It's back from the woodwork. However, I have only recently become aware of the legal status of the charges which Capital One have applied to me, so I have a couple of questions:

a) can you still claim for wrongful charges in a situation like mine where you basically get screwed over?
and
b) does the fact that the debt has been 'sold' affect my rights to do so?

All and any advice will be most gratefully recieved. Thanks in advance!

Edinburghlass_2

I'm going to merge your thread with another in which users either have a DMP or IVA which hopefully may answer your questions. Sorry I don't have enough knowledge to answer you myself.

beccabooboo

Hi all, I am new to this so forgive me!
Just a bit of advice wanted really, I am in a DMP (started in October) and have added Nationwide to the plan as the OD with them got out of hand we owe them £1664 (includes 2 x 30 for unpaid direct debits!), I am going to try and claim £750 from them in unfair charges over the last 6 years, but will they just credit this to the account that is overdrawn? Or am I within my rights to request that they send me a cheque? i have moved banks now and cause of all the debt probs I have had and just starting a dmp etc it would come in handy because at the moment christmas is cancelled!

Thanks for any advice you can give!
Becky!

Tital debt September 2006 £47000
DMP CCCS now paying £300 per month
:j

beccabooboo

Hi All!

I wonder if anybody else has experience of this? I am going to try to claim back charges from Nationwide BS. I have gone through all the statements I have and it works out at about £750.00. However, I have not used the account for about a month as I have entered into a DMP with CCCS and have added Natiowide to the DMP due to the £1600.00 overdraft I have.

I have opened an account elsewhere, and during the changeover (which I did myself) Nationwide charged me for 2 DD's that were returned resulting in me now being £1664.00 overdrawn (£64.00 over limit!). They have also so far refused to accept the offer of payments made via CCCS, and this has angered me so I want to claim back whatever I can.

The question is this though, if I am lucky enough to be successful in getting the charges back, will they just credit the overdrawn account that I no longer use, or do I have the right to request a cheque for the amount to be sent to me (in order that I can choose what to do with it)?

Has anybody else experienced this senario? all advice greatly appreciated. I plan to get the first letter sent this week.

Thanks
Becky!

trying my best to get debt free!

cat64

Hi, in the past we have had a couple of accounts with HSBC plus a credit card. All of them have incurred charges. When sending letters to ask for details of charges, does anyone know if you have to send a different letter for each account or will one letter cover all? Plus we are on a DMP, has anyone tried to reclaim charges whilst on a DMP? Grateful for any advice. Thanks.

Edinburghlass_2

cat64 wrote:

Hi, in the past we have had a couple of accounts with HSBC plus a credit card. All of them have incurred charges. When sending letters to ask for details of charges, does anyone know if you have to send a different letter for each account or will one letter cover all? Plus we are on a DMP, has anyone tried to reclaim charges whilst on a DMP? Grateful for any advice. Thanks.

Some of the above posts may be able to help you regarding DMP.

One letter and one cheque/PO for £10 will suffice for all accounts held at HSBC although as said the cc may be different but start with one letter listing the account numbers for all.