Claiming in a DMP/IVA (merged)

arkandgarden

hello

I have been in serious debt (approx £100,000) since 2000, and used a fee based debt management company to keep the creditors at heal, whilst paying monthly towards clearing them; signed up when I was in a panic. At least some months down the line they managed to get the interest frozen on most of the accounts.

It's taken three years to find a buyer for my home, but now sold I came out with some profit - so I've been able to pay some debts off in full and outright; others I have negotiated with for 'full and final settlement' but only been required to actually pay a percentage of the outstanding balance 'in settlement'.

Obviously I now have a ruinous credit history and won't be able to borrow in UK - so I'm moving abroad in the near future.

Does anyone know if I could claim back unfair charges & interest on these accounts I've only settled in part? I'm scared in case the companies come after me?

Can I get the defaults removed from my credit file, now we've agreed settlement and they've had the payment from me, and agreed they 'won't pursue me for the balance'?

Can default charges on Hire Purchase/conditional Sale agreement be reclaimed (I later fullfilled the required payments and owned the vehicle)?

How can I find out account number for 'dead' storecard which encountered charges, prior to default and closure?

Are credit files swapped across continents? I've been told UK credit agency info is not accessed by overseas lenders, anyone know the true facts?

I only hope these people in the banks, credit/storecard, mortgage companies realise the catastrophic effects their policies have on peoples lives. We will never have any form of borrowing other than a mortgage in the future.
Yorkshire bank, Natwest, Mint, MBNA and Barclaycard are the ones I've yet to approach to negotiate with - any similar stories/tactical advise greatly appreciated especially if they are re the above companies. Marks and Spencer the biggest creditor happened to be the most understanding/generous when it came to accepting my offer - thank you M&S.

Look forward to any advise or ideas/comments.

robkaz69

Hi,

Been looking at this site and thinking of claiming back bank charges, i am in a IVA programme, can any one offer advice or tell me if you can claim back charges from banks that are listed as your creditors in the IVA.

You honest responce would be appreciated as i do not want to claim something that might trigger a clause in the IVA and be forced into bankruptcy.

With Thanks

Edinburghlass_2

I can only suggest you read through the previous posts and especially Martin's reply from the top guy at CCCS.

bintie22

Hi, i'm currently in a Debt Management Plan with Payplan. One of my creditors was Lloyds TSB, and just before i entered my DMP i received charge after charge after even more charges from Lloyds.

I don't really know what to do, as i do not want the charges repaid back into my pocket, i'd ideally like them wiped off the outstanding debt.

If i go down the reclaim route - i'm worried i risk jeopradising (sorry bad spelling) my current arrangements under the DMP.

Should i just forget about it, or try and get something done? Anyone have any experience of this?

Many thanks

rags2riches_2

great question bintie - I am in the same situation as you and would like to know the answer to your question also

i want to claim back my charges from Natwest (who I was with before my DMP) my two accounts with natwest have since been suspended so can I still claim charges?

paddypuma

It doesn't matter if youre on a DMP, I am too.

The fact is that the charges are unlawful and you have every right to pay them back as - undoubtedly - having constant bank charges was one of the attributing factors to applying for a DMP in the first place (i know it was for me)

This should not affect your DMP at all but if your bank is one of your creditors on the plan, they'll probably expect that the money will go toward paying your debt... However, as you've said that this is what you'll do, then it shouldnt be a problem.

Just try it! If your making regular payments on your DMP then nothing back can happen!

bectoria_2

I've been in a DMP with payplan for a year now. I've claimed a lot of charges back and still working through all my creditors.

So far it's been no problem whatsoever, in fact marbles agreed to refund my full claim amount because I was such an important customer to them (they seemed to ignore the fact they are my only creditor who issued me with a CCJ, quickly followed by a charging order!).

Claim your charges back, it is your money and it will reduce your debts. Many will say they are going to credit your account. From my experience if you ask for a cheque they will send it so you can then spred the money over your DMP.

everclear1973_2

Hi,i sent off our £10 to abbey,got back the long list of charges,around £2500 in 3 years on my wife's bank account.About to send off the letter asking for the money back,thing is,i'm in a dmp with payplan,also i have a mortgage with abbey and am worried they could do something there,if i claim against them? Please some suggestions before i post the letter on friday!

jinkssick

Dont be stupid. Send that letter asap. If not go in abbey and use the phone inside to say that you want your monthly statement sent for 6 years. still costs £10 and you wont have to wait 40 days for a reply.

Worst case scenario, they use the money that you get, to pay off one of those plans.

hope that helps.

LATHMEISTER_2

Dont actually know if I am in a DMP my regular monthly payments are actually through the creditors themselves.
If I claim back charges do they have any rights to claim anything left over that i owe. For instance if I have £3000 debt with one and claim back £1200 charges can they just demand the difference or can I keep up the regular payments that I have been doing??