Claiming in a DMP/IVA (merged)

eloisesilver

Hi,
does anyone know if you can re-claim your bank charges after the bank has terminated your agreement. I am still paying off my overdraft with them and they have accepted my offer of payment, so presume that this account is still live to some degree.

Anyone who knows the answer please advise. Thanks.

Eloise Silver

Stephen_Leak

eloisesilver wrote: »

Hi,
does anyone know if you can re-claim your bank charges after the bank has terminated your agreement. I am still paying off my overdraft with them and they have accepted my offer of payment, so presume that this account is still live to some degree.

Anyone who knows the answer please advise. Thanks.

Eloise Silver

Yes, you can claim them back.

However, if there is an outstanding debt with the bank or credit card company involved, which is not covered by a separate contract, they can and probably will offset any charges reclaimed against that debt.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

Edinburghlass_2

jothomas29 wrote: »

Hi Have recently had an offer of bank charges back and that Natwest intend to pay it straight into my acocunt. However, my acocunt is closed and id being dealt with as part of an IVA. Not sure what to do? Any advice?

It is "normal" that they will pay any monies reclaimed into the account that is in debt, why not have a word with the company that is handling your IVA.

tinav

I started the process back on the 14th February with Nationwide.
They were a fighting battle. it got as far as they filed a defence on moneyclaim and i was just waiting for a court date.
yesterday i received a letter saying they had finally refunded £2010 plus an extra £500 for fees and interest. i was so chuffed.
As im on an IVA i don't have a card for the account anymore because the nationwide account is on the agreement for the IVA. i was told over the phone that i could withdraw the money by showing proof of ID.

i went to the nationwide local branch and they wouldn't let me withdraw my money without a card unless head office sent them an email. they were just messing me about in the bank and made me ring head office, i was on hold for 20 mins and got so fed up, i went back to the front desk and demanded that someone do something rather than just stick me on a fone.

the lady after 20 minutes returned and said that cos im on an IVA i am not allowed to withdraw the money unless my IVA company agree to it.
over the phone i was also told that now my balance was only £200 odd pound cos the rest had been used to pay off my overdraft even though thats included in the iva.

I can't believe it, nationwide are clever, made me fight for months to reclaim my charges, they finally give in but now won't let me withdraw the money and are using part of it to pay off my overdraft even though its in the contract of the iva.
ive now got my iva company involved and they said that they would deal with it but now im worried that they will say, ok you can now withdraw the money but we want it.

has anyone had the same thing, the charges are rightfully mine and were charged to me before i was in an iva,

are they allowed to do this.
can anyone help, Martin are you there!!!?????

HELLLLLLLLLLLLPPPPPPPPPPPPPPPPPPPP!!!!!!!!!!!!!!!!!!!!!!!!!!!

andrewjwalsh

Hi,

Last year I took out an IVA with Debt Free Direct. As I have an IVA and owed Halifax £800, can I claim my bank charges over the past 6 years? If I can this amounts to £961.

It is my understanding that I pay DFD a set amount every month and they distribute to creditors. If this is the case, will Halifax pay out if I pursue bank charge? My Halifax account was overdrawn by £800, when the IVA was agreed by Halifax.

Any advice is most appreciated.

oldwiring

You may like (?) to read this.

harpiegirl

As I understand it - your bank charges are illegal and you are entitled to claim them back.
If Halifax do pay out and £800 of it goes straight to paying off your IVA with them you'll still have £161 and no IVA. If it all comes to you, wouldn't you have the option to pay off your IVA?

Tootsie_Roll

I would say they are entirely within their rights to do this. Did you truly expect to be able to get your hands on the cash when you are indebted enough to go on an IVA ? The correct thing to do would be for the money to be distributed equally amongst all your creditors although I would not at all be surprised to hear that Nationwide applied a 'Right of Set Off' against what you owe them.

andrewjwalsh

Thanks very much!!

oldwiring

harpiegirl wrote: »

As I understand it - your bank charges are illegal and you are entitled to claim them back.
If Halifax do pay out and £800 of it goes straight to paying off your IVA with them you'll still have £161 and no IVA. If it all comes to you, wouldn't you have the option to pay off your IVA?

Isn't the word unlawful and not illegal? Never have been able to clear the difference in my mind. Also isn't an IVA to do with the court? I reckon that caution would make a bank consult with the the insolvency practitioner appointed to the OP's case.