Claiming in a DMP/IVA (merged)

dave11111

Hi, i wondered if anyone can help me, i have been with Halifax for two years and because i got in money problems previously, i am not allowed credit as i am with a debt management company (so no overdraft facility!), my first question is i have challenged Halifax over my charges through the template letters and estimate they owe me about £600 and threatened them with the small claims court, they are now saying that they are entitled to up to eight weeks to investigate, does anyone know if this is correct or should i just go ahead and put them in the small claims court?, secondly i had an account with Lloyds Tsb, and they have agreed that i can repay my outstanding loans through the debt management company (so no interest incured),i used Lloyds for about eight years and estimate they owe me a small fortune in charges, if i was to attempt to claim these back would they be in their rights to cancel the repayment agreement?

jamalfatty

for the first question, answer is no, follow the guidelines on this site with regards to timescales and stick to them - you set the time allowed, not them.

With the second, they could I suppose but it wouldnt be in there interests to, your paying what you can afford at moment so there is no point them asking you to pay what you cant.

oliver12_2

Hi Folks,

First post :eek:

My wife and I are nearly a year through a 5 year IVA

I have a new basic account that has never been overdrawn, (because you cant).

I left my last bank, NatWest, with 2 overdrafts and an unpaid loan.
I know that I accrued charges with them on a monthly basis for years.

The question I need answering is...........
Can I still claim unfair bank charges from them?

The way I see it is
1. Any refund will reduce my overall debt. Or
2. If they've sold my debt; I can set the refund against my other debts.

Any help much appreciated, especially from anyone in a similar situation.

Thanks.

Edinburghlass_2

Yes you can and as you can see from this thread there are other people doing the same so have a read through the previous posts.

pigginsexy

dave11111 wrote:

Hi, i wondered if anyone can help me, i have been with Halifax for two years and because i got in money problems previously, i am not allowed credit as i am with a debt management company (so no overdraft facility!), my first question is i have challenged Halifax over my charges through the template letters and estimate they owe me about £600 and threatened them with the small claims court, they are now saying that they are entitled to up to eight weeks to investigate, does anyone know if this is correct or should i just go ahead and put them in the small claims court?, secondly i had an account with Lloyds Tsb, and they have agreed that i can repay my outstanding loans through the debt management company (so no interest incured),i used Lloyds for about eight years and estimate they owe me a small fortune in charges, if i was to attempt to claim these back would they be in their rights to cancel the repayment agreement?

With regards to second question about Lloyds. You can still claim your charges, but you will find that they will put it to reducing what you owe them. It is still worth doing though. I would check with your Debt Managment Company first though. Obviously they cannot claim them for you, but they will probably advise the same or that you give it to them and they will pay off various accounts with it. But it is more likely that Lloyds will use it to reduce what you owe them and send you the remainder (if any).

peteg1978

Hi guys,

I have written to Natwest requesting they repay bank charges unlawfully taken from me. They have agreed to repay £830 but on the condition its paid into the two accouts the charges were taken from. This is fine but I am currently going into an IVA and Natwest have withdrawn banking facilities so if this repayment goes into my old accounts I wont see it.

Is this fair of them or should they pay it into a nominated bank account??

Help!!

Edinburghlass_2

As you can see from the above posts its to be expected that the banks would pay the any monies reclaimed into the accounts that are in debt.

oliver12_2

Both my accounts were closed when the IVA started.

Where would NatWest send my reclaimed bank charges??

Dede_2

welsh-bess wrote:

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!!!

Hi l am currently in an IVA with clearstart is that who your with , l have just sent off my letters for two bank accounts that are closed (but know l can still ask for the info l need) and two credit cards. Wouldn`t mind paying it all into the iva if it means getting sorted sooner but would be nice to even come out the a little something ! Have you had any joy did note you posted the message 1/12/06

scuppanet

Hi all. Will being in a debt management program (this is where a company [All Clear Finance] negotiated reduced payments on my behalf for a fee with my lenders) affect ,y chances of a full refund?

Many thanks in advance to all who can and do help me.

Kind regards,

Bob.