Claiming in a DMP/IVA (merged)

Edinburghlass_2

As you can see from the above post by Martin, certainly CCCS would expect the money to be paid towards the debts.

I wouldn't advise trying to close the account in the method you suggest.

dlb

shirlene76 wrote: »

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

Hiya this is what had happened to me, the overdraft and loan have now been put together and my dmp pays to one account number each month. I have been told the account is now classed as closed even thought the overdraft debt is still owed, it has just been added to the amount i owed on the loan, so my bank charges refund just went straight off the total amount owed.
I too could have used the money to clear other debts, but at the end of the day im happy over a thousand pound of money i wasnt expecting this time last year paid of my debts ( even if it isnt the debt i would have like to have paid off)

shirlene76

dlb wrote: »

Hiya this is what had happened to me, the overdraft and loan have now been put together and my dmp pays to one account number each month. I have been told the account is now classed as closed even thought the overdraft debt is still owed, it has just been added to the amount i owed on the loan, so my bank charges refund just went straight off the total amount owed.
I too could have used the money to clear other debts, but at the end of the day im happy over a thousand pound of money i wasnt expecting this time last year paid of my debts ( even if it isnt the debt i would have like to have paid off)

Hi dlb, thanks for that, I dont mind it going to the debt and i certainly plan on paying of the £290.10 that i owe for the current acccount, however its just i owe rent, electricity and council tax and these are to me priority debts that i need to pay. just wish they give me that option thats all but thanks.

michelleshoc

Hi everyone
just over a year ago I finally admitted defeat and contacted CCS who arranged with all my credit card companies a deal which I pay monthly. My question is: Can I claim for charges from these CC, has anyone else done so. I am assuming anything won back if I can will have to go towards the debt which is fine as it would lessen it.

On another note anyone that had their accounts closed by Abbey. I have just started my process with them but have £3300 OD which is totally maxed. My pay goes in 27th month. What I am worried about is if they choose to close account has anyone had their OD amount reduced therby meaning more of pay would not be available. I have applied for a parachuite account but without a debit card and cheque book (not for more credit but to run my life) so am waitng to hear. Saw a reccomendation for citibank on here so have gone with them. (fingers crossed)

mintyoo

Hi Martin

I think i am in a sticky position with Lloyds,Barclays,A&L,MBNA.

I want to claim back direct debit and overdrawn charges but because of the debt situation that i am in i need your expert advice.

I previously entered into an IVA but i couldn`t afford to keep paying the agreed amount due to my drastic changes i had at work, so i stopped paying the IVA and it went into default.

So i then remorgaged my house and made offers to my creditors offering full and final settlement offers. This was to Barclays,MBNA,A&L - now these all excepted my full and final settlement offer. This was about 4 years ago.

If i try to claim back bank charges and credit card charges from previous creditors even thou they excepted my full and final settlement offers 4 years ago, would i still be able to do this? - could they try and get the remeinder of the balance of what i owed then if i claim back bank and credit charges now 4 years on?.

I opened 2 new accounts a "Basic Account" at Nationwide and a business account at Lloyds.

I opened an account with LloydsTsb and had problems paying back a loan and a overdraft - now i still have this account open but do not use it. I am paying Lloyds back through the CCCS group at the moment

I Did go back to barclays after 4 years and opened a new business account and was shocked they excepted me - this account i still have and use and is ok with no overdraft.

LLoyds : Because i am making payments to CCCS to pay Lloyds - can i still claim for bank and credit card charges that has accurred with Loyds - Because if i won wouldn`t lloyds just use this towards the debt i already owe?

Barclays: Could barclays try and close my present business account if i claim off them also.

Thanks

MintYoo

Edinburghlass_2

Have a read of the above posts and what CCCS has said to Martin regarding claiming.

As regards the accounts closed 4 years ago you would only be able to try claiming charges from the two previous years due to the six year limit.

lisah0101

I have followed the reclaiming process for myself and my brother, mine is going slowly but having problems with my brothers.

He has had a few money problems. He is clearing his debts off through a debt firm who contacted his bank and arranged to pay off his overdraft and loan through a debt programme.

His bank, RBS, have replied very quickly to your process and he had the money refunded in to his account within 14 days (figure of £3500). When he went to withdraw some of the money they had taken out £800 for his apparent overdraft, which when going into the debt programme was only £300. He has received no notification of this from his bank or debt company and was under the impression that the account had been frozen under the programme.

On returning to the bank yesterday to transfer the rest of the money to a different account, as the teller was counting the money out she had to make a call to confirm his ID, he was then informed that he was unable to withdraw any of the money and should contact the recoveries dept. He informed them that he had already withdrawn £500 a few days ago, they said the branch in question shouldn't have let him!!

Is this correct, can they do this?

Why was he not told that this would happen and why put the money into his account?

He was hoping to be able to use this money to pay off some of his debts.After receiving the settlement letter and being told the money would be in his account shortly he paid off some debts out of his wage, now is left with nothing.

Please help!!!

Lisa

mintyoo

hammerette wrote: »

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.

Hi I am in a similar position, if i found out anything about this i will let you know

mintyoo

hammerette_2

thanks I will keep an eye out for your post

esmerellda

Over on consumer action group someone has just been to court for a reclaim charges hearing for charges written off under an IVA. Basically the judge dismissed the claim.

I'll find a linkie for you.