Claiming in a DMP/IVA (merged)

Edinburghlass_2

I'm not sure who told you that most banks are sending out cheques as this simply isn't true, I hope it wasn't this company you have used that told you that.

You'll find that most posts on here suggest that if there is a debt on an account its more than likely that any monies reclaimed will be deposited in that account.

You can certainly try phoning BOS and see what they say but you need to do this quickly. I'll pop your thread into the thread regarding claiming with an DMP/IVA as there may be some advice there.

Edinburghlass_2

MSE_Martin wrote: »

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!)"

Quoting Martin's post as it is a bit far back in the thread now.

Ex-Spendaholic

Hi

I hope someone can help me. I've recently joined MSE and recently started a DMP with CCCS. I am interested in claiming back charges from Hellifax and have a number of questions:

My situation is that the DMP covers debts in my name only. With the Hellifax I have a visa card (now part of DMP), 2 joint accounts with overdrafts (not in DMP) and a joint mortgage. There are good salaries going into each account each month but to be honest the OD situation is really a result of spiralling charges. :mad: Yes I know that was my own fault for not managing properly.

Is it worth me trying to claim or am I going to land myself in it somehow with being on a DMP?

If I decide to claim does my OH need to sign the template letters etc or can I do this myself?

I have just looked back at 2005 and 2006 online and found that my charges on one account are £1478 (funnily enough the account is currently overdrawn by £1480) and on the other account the charges were £944 (this account normally ends up OD by the end of the month). So to get these fees back would be an absolute godsend as they would clear the ODs.

If I decide to claim do I have to go back 6 years? There may have been the very odd charge before 2005 but it would have been rare (I was good with money in those days). Is it possible for me to just claim 2005 to now and forget about anything prior to this. The thought of 45 envelopes with statements freaks me a bit to be honest.:eek:

It is really important to me that I keep these accounts so any chance that they would close them is enough to put me off claiming. My credit rating is atrocious now so I have no chance of another account. Are there cases of Hellifax closing accounts? In truth if I managed to get the money back on these accounts, I would reduce the OD facility and try not to use it again. I have already stopped using cheques and have as few DDs as possible as I'm trying to reduce the risk of further charges.

Also could they demand that we move our mortgage? I don't think our chances of one elsewhere would be that good either so really don't want this situation to arise.

Finally is there a chance that I could start all this and end up in court? I really am not strong enough to take this to court. Ideally I just want some or all of the money back. If I didn't have a never ending overdraft problem I wouldn't even pursue these charges but I do see this is a solution.

Any advice welcome and so sorry for all the questions.

Edinburghlass_2

You should find the answers to claiming on the DMP in this thread. As you have access to your information via online banking no need to ask for back statements and you can start your claim with the information you have.

Your mortgage will be a separate agreement.

gstir_2

re my last post above -- can anyone help me with this please, anyone been in the same situation? starting to wish i hadnt bothered claiming now. any advice will be more than appreciated as to what i can do. thanx in advance.

stickman

Hi
Ref my last post 10/3/07 any advice/comments Moneysavers, tried again for Mothers Day present on line and phone, NO CHANCE, ELECTRON not accepted, starting to get really cheesed off now to say the least, ANY help greatly appreciated
Thanks All

neverheadgirl

I don't have a formal DMP as such, but am paying monthly amounts to the various debt collection companies who now have my debts (b*st*rds).

I was initially really scared of claiming back any of my charges but then came round to the idea since it was partly as a result of these charges that I lost control of my finances. Also, the late payment/overlimit fees and charges were levied BEFORE the debt companies acquired my debts, over a period of some 6 years.

I'm probably wrong, but I feel that I should be entitled to make a claim for charges I have paid to them, which I'm happy to then use to pay off any outstanding debts. Or have I got it wrong? Again

hammerette_2

I have seen many people asking can they claim in an IVA but has anyone actually claimed yet.

I have asked for advise but have only seen replies for DMP.
I have 2 credit cards and a finace company all in an IVA which I would love to claim from all these companys have sold their debt on. If I claim can I request a cheque from them to pay into my IVA.

dlb

Just to let you all know i have been on a dmp for over a year now and on fri i had my bank charges refunded into my account which i can not use any more.
This hasnt effected my dmp, and i have spoken to the bank and they said nothing will change regarging my payments.
But it means iv paid off £1113 off debt to the bank, im really glad they didnt pay me by cheque now..i will be debt free over a year earlier now!!
Thanks to everyone on this site for helping me getting those charges back!!

shirlene76

Can anyone help me as Im really not sure what to do. I have made my claim to natwest bank for £1211 in charges, natwest got back to me today with an offer of £1211, great however, if I were to accept thier offer, the money is to then be returned to my account, which I no longer have access to as I am now on a debt management programme, which inlcudes debt to natwest, these are for my current account in which i owe £290.10 (of which £190 is in charges) also for a natwest loan and credit card, all of which they have put together and a company called payplan are slowly paying off to an agreed sum. Now I have no qualms in paying off the £290.10 to clear off my account but really needed the remainder in order to pay other bills. The department who are dealing with my claim are saying that it is non-negotiable and the offered amount must be put into my account, and wil not be paid by cheque to me. I have no idea what to do as believe they are within thier rights to do this - however feel this is most un-fair considering an agreed plan is already in place with the other NW loan and credit card. I was thinking of trying to borrow money to pay of the £290.1 and in doing so forcing the account shut, but im not sure if that would work, it feels like a big gamble, Should I sign the form and resign myself to not seeing this money again.
any advise would be grateful.

Shirlene