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Claiming in a DMP/IVA (merged)

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  • Hi Rob,

    just as an update, here is what has happened so far, I sent Natwest a Letter in response to thier offer, saying I was happy to acept thier offer on the condition that they either pay me the full amount via cheque, or that they pay £290.10 direct to my account (as thats all i owe on my current account) and the remainder to be sent via cheque direct to me, surely thats fair right, as I currently have over £40 per month going to the loan that i owe, which has no interest left to pay. Anyhoo appperntly not, as they have flatly refused and allowed me 10 days to decide on thier original offer before they retract it!!!!!, Well my next step is to call the financial Obudsman to see what they have to say, and also I thought about sending an email to one of the head honchos (found various contact addressess inc email on consumer action group website) and ask him for a full explaination as to why they are taking these steps when my offer is a fair one considering the circumstances, i might even hint at getting local news involved too.

    Will let you know how I get on,

    Shirlene
  • melt71
    melt71 Posts: 586 Forumite
    Hi all,

    My partner got into serious debt due to a change in circumstances a couple of years ago. He couldn't even afford the minimum repayments and when we got together about 18 months ago, I started to try to get him to go onto a DMP (debt management plan). He eventually realised he had no choice but to do this and has been on one since Aug 2006. He's much happier now it's all under control. He makes a payment of £120 each month to CCCS and they pay his 3 creditors; American Express, Halifax One and Amazon, also the Halifax!

    My question is - can he reclaim his charges on these credit cards without it affecting his DMP? His debt would be vastly reduced if they repaid it as a lot of the £10k that he owes is down to these charges!! :mad:

    We don't want to mess up his DMP though so is it best to wait and claim in a couple of years?

    Thanks,

    Mel
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • I have just been offered a refund of £178 from Halifax after i sent a letter with the help of this site, and it was so easy that i got to thinking about my previous accounts with the HSBC, Bank of Scotland and Morgan Stanley.

    I have set up an IVA to manage my debts with a reputable company, but was wondering if there was a chance of recovering my bank and credit card charges for the last 6 years. Is this null and void now that the IVA is in place, or is there some advice somewhere that can help me?

    Look forward to receiving a reply.
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    melt71 wrote: »
    Hi all,

    My partner got into serious debt due to a change in circumstances a couple of years ago. He couldn't even afford the minimum repayments and when we got together about 18 months ago, I started to try to get him to go onto a DMP (debt management plan). He eventually realised he had no choice but to do this and has been on one since Aug 2006. He's much happier now it's all under control. He makes a payment of £120 each month to CCCS and they pay his 3 creditors; American Express, Halifax One and Amazon, also the Halifax!

    My question is - can he reclaim his charges on these credit cards without it affecting his DMP? His debt would be vastly reduced if they repaid it as a lot of the £10k that he owes is down to these charges!! :mad:

    We don't want to mess up his DMP though so is it best to wait and claim in a couple of years?

    Thanks,

    Mel

    My opinion is claim now and the refund will go off against his debts and bring them down so much faster. Good luck :)
  • melt71
    melt71 Posts: 586 Forumite
    Twinkly wrote: »
    My opinion is claim now and the refund will go off against his debts and bring them down so much faster. Good luck :)

    That's what I thought but I'm worried that they will decide that they want him to repay all of the debt back NOW. Oh well, I think we'll give it a shot and see what happens.

    Thanks

    Mel
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    melt71 wrote: »
    That's what I thought but I'm worried that they will decide that they want him to repay all of the debt back NOW. Oh well, I think we'll give it a shot and see what happens.

    Thanks

    Mel

    It would be ridiculous for them to demand full repayment now as, besides this refund, his income hasnt changed. Not to say they wont try it but I dont see how they can demand. Good luck with it, the reduction in debt will be a good feeling for him :)
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    patdcfc wrote: »
    I have just been offered a refund of £178 from Halifax after i sent a letter with the help of this site, and it was so easy that i got to thinking about my previous accounts with the HSBC, Bank of Scotland and Morgan Stanley.

    I have set up an IVA to manage my debts with a reputable company, but was wondering if there was a chance of recovering my bank and credit card charges for the last 6 years. Is this null and void now that the IVA is in place, or is there some advice somewhere that can help me?

    Look forward to receiving a reply.

    Closed accounts can be claimed on but as to the effect on an IVA i dont personally know, someone else will though.

    Hope my half-help half helps and good luck :)
  • postycon
    postycon Posts: 12 Forumite
    hi im new to this !! i am dealing with a debt management company and have been for over a year, tsb owe me bank charges 475 pounds ,i have started the procedure and have now sent the second letter threatening court, but do i get the money if they pay out or is it taken off the debt i owe them, and /or do i pay the debt management company if i did get the money
    thanks
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    postycon wrote: »
    hi im new to this !! i am dealing with a debt management company and have been for over a year, tsb owe me bank charges 475 pounds ,i have started the procedure and have now sent the second letter threatening court, but do i get the money if they pay out or is it taken off the debt i owe them, and /or do i pay the debt management company if i did get the money
    thanks

    Anything you owe them will be taken first as the banks have the right to set off this money first. If there is anything over I think it will be paid to you but not too sure someone else may be help on that one. Good luuck :)
  • postycon
    postycon Posts: 12 Forumite
    i thaught that might be the case the money wont near cover the debt , the thing is they are still adding charges on i have not used the account since october 2005 and the debt managment took it over just after
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