Claiming in a DMP/IVA (merged)

saintj_2

Just about to put in a claim to First Direct for over £700.

My partner and myself are currently in an IVA, Would it be possible to try and recover all the charges from all the credit cards and the old bank account we had that resulted and are part of the IVA (First Direct a/c not part of IVA)?

Anyone help??

livelongand_prosper

hi all, being £4,500 (and rising due to charges) o/d i have finally (after 7 letters) had natwest agree i can pay a little amount monthly (am on benefits) for 6 months, then they will consider freezing interest, until my debt is paid (or i win the lottery). then this month my partners employer paid his salary into my old natwest a/c in error and they have (after lots of begging) paid it back to his employer. But, heres the sting, they have charged ME £23 for doing so. So.. cos i have an o/d and cos i have an agreement i thought i would not reclaim charges (not rock the boat), but after this... not sure now what to do. Should i reclaim or keep my mouth shut and pay off whatever i can until its paid??? does anyone know what best course of action is???

cafone

Hi there,

I am considering to reclaim my bank and possibily credit card charges but I am a little bit concerned as I am currently in a Debt Management Plan organised via CCCS for both my my bank and several credit cards. As this is a voluntarily accepted agreement worked out by CCCS between myself and my creditors i am worried that it may "upset" my creditors and the DMP will be cancelled by some if not all of them. On the other hand the return of the charges (which helped get me into debt in the first place !) would be good little windfall right now.

Has anyone else had any experience of this ? Any advice would be greatly appreciated.

Thanks,

Cafone.

Edinburghlass_2

Hang on and I'll shift your post into the thread discussing claiming on a DMP/IVA. Martin actually spoke to someone from CCCS and you'll find his post in the thread.

karen07

I have recently entered into a IVA and as a consequence had to close my account with lloyds tsb as i owe them money for a loan which is included in this IVA. If i try to claim charges back from them will i be allowed to have it or will lloyds tsb keep it. One of the reasons i went into a IVA is because of the huge charges from them.

Edinburghlass_2

The above posts should help you karen although its likely that any monies reclaimed will go towards any debt held by the bank.

Xandar

Hi all

lots of great advice here, but none for someone in my particular position.

short version of the usual long story....
Entered into IVA 2yrs ago due to relationship breakup - Was made redundant last year - kept paying as long as i could - clause in my IVA said 3 missed payments 'and i'm out' - now unemployed, therefore....Im out!

Bizarrely, this non-compliance doesnt make me bankrupt, just releases me to the wolves again (while the THIEVING IVA swines took every penny of my £6000 in payments and kept them as their fees)...

Im now considering the whole reclaiming bank charges thing on accounts that were included in my IVA, since i KNOW i have a LOT to reclaim....but - is there any point? I cant afford to bankrupt myself, so i have to sit and wait until someone decides too...at the minute, noone has even contacted me about the debts that were in the IVA (this is a very strange place to be!)...I cant get out of this unless a whole pile of cash appears by magic in the next few months so.....if I accept the Big B, is there then any point in reclaiming the charges - surely they will not only go to reduce the debt, but i will be a further £10 x 3 down on my statutory charges (3 banks) since its all a moot point if im going bankrupt anyway (isnt it?)

Just to make it less clear....on my last IVA statement, it looks like my debts have all been 'sold on' to other firms - does this mean the bank will send ME the money, in which case, i will pursue, or does it mean they will swallow it/pass it on to agency?

anyone any ideas?

Roo_Stevens

I have banked with Barclays for the past 15 years, I entered an IVA during Aug last year (best thing i have done), although i still had a £5k over draft with barclays i did include £15k of a Barclays select loan.

My question is ... can i still reclaim my charges which will easily exceed £5k even though i included Barclays in my IVA... also can I make 6 individual claims i.e. one for each year so i can maximise my claim....

Thanks

Andrew

Edinburghlass_2

Xander, it is likely that any monies you reclaim will be put towards any accounts that are in debt but do have a read through the previous posts.

Roo, not a great idea to split into six claims as the court may not take kindly to that but best to find get the statements/information first and see exactly how much your claim will be and take it from there.

bowlil48

Hi,
I need some advice to my situation as I'm a little confused after reading some of the other posts about IVA's and reclaiming charges...

Last year in November I entered into an IVA...Part of this IVA was a £3000 overdraft at Barclays and the reason it was so much was because of the snowballing charges Barclays kept applying to my account!!...as much as £175 sometimes in one month!! Once I entered the IVA Barclays (good ridence!) shut my account and I now bank elsewhere.

I have wrote to Barclays regarding three accounts I had with them, including the one with the £3000 overdraft. My total charges from the three accounts total just over £5000 with interest.

I recently recieved a letter from a company saying Barclays had sold my closed debt account to them but i need not take any action...Anyone know what this means???

Anyway...since early march I have wrote 3 letters to Barclays to claim my bank charges back over six years. I have had one reply saying they are looking into my complaint and will have a response for me by 8th May.

Will Barclays refund the money to me? or does the IVA mean they will offset the money against my debt with them or this other company they sold my account to?

Also, what implications will this have on my IVA?...do I need to contact them to let them know about the claims on Barclays?

If Barclays do offset the money against my IVA...will my IVA monthly payments go down? or will the term of the IVA be reduced?

The other question I have is my total claim against Barclays includes two accounts which have nothing to do with my IVA, as they were closed a year or so ago, will Barclays deal with these seperately or lump them with my IVA debt?

Oh my head hurts! Can anyone shed any light on the above?????
I'm worring myself stupid about it!
Louise