Claiming in a DMP/IVA (merged)

sharon_currie

I would say you will have a fight on your hands to get the money from the bank even if you do it will be paid to your trustee

ruthdoe96

Even if I make an offer of paying most of it to them? I was thinking of making an offer of 1200 towards overdraft and accepting 500 from them for myself. What's the point in them paying it all to the CCCS when CCCS will just pay it back to them?

princesskez26

ruthdoe96 wrote: »

Hi there.

I have just started going down the road of reclaiming my bank charges from the Royal Bank of Scotland. I am currently starting a debt management plan with the CCCS. I owe RBS £2400 for an overdraft which is included in my dmp. I have just received the last 6 year's statements and having gone through I calculated that they owe me £1705 in bank charges. I don't know whether to just ask for all the money to be paid to me or whether I can offer to pay most of it towards the debt of £2400 and accept a smaller amount paid to me. Or do I have to pay all of it as I am currently under a dmp? I', new to all of this so can anyone help on this or offer some advice?

Any sum that you win back from reclaiming will be offset against the debt outstanding on the account in question,

Kez

sharon_currie

ruthdoe96 wrote: »

Even if I make an offer of paying most of it to them? I was thinking of making an offer of 1200 towards overdraft and accepting 500 from them for myself. What's the point in them paying it all to the CCCS when CCCS will just pay it back to them?

You are not allowed to have anymore than £250 when you are in a trust deed. Also no cheque book switch card credit cards ect . Any money gained after you sign your papers has to be declared yes its unfair but its the law

ruthdoe96

Blimey! wasn't aware that you were only allowed to have £250. CCCS didn't mention that in any of their paperwork!! Are you not allowed cheque book or even a debit card. debit cards aren't so bad are they as you have to the money in your account in order to use them? and is that for the whole of the dmp?? my dmp is looking to last for 13 years or more!! Could I ask for £250 then and the rest to pay off my debt? would that be allowed??

hendec

Hello everyone, apologies if the answer is in this thread somewhere.

I am currently with the cccs for 3 cc's and a managed loan with HSBC, at present i have only claimed charges from HSBC, ( 8 weeks up on wed 27th)is it safe to assume that if i do get any money back they will pay it direct in to my current account which i can honestly say has not been overdrawn since july 2006, all credit to the cccs. i am awaiting statements for the cc's and i know that a large chunk of these debts are charges, i would me more than happy for any refunds to be paid off these debts but the hsbc account has got nothing to do with my loan, although how can i stop the bank paying any refund directly off the loan, and if they do can i contest.

Thanks Guys

Stephen_Leak

hendec wrote: »

Hello everyone, apologies if the answer is in this thread somewhere.

I am currently with the cccs for 3 cc's and a managed loan with HSBC, at present i have only claimed charges from HSBC, ( 8 weeks up on wed 27th)is it safe to assume that if i do get any money back they will pay it direct in to my current account which i can honestly say has not been overdrawn since july 2006, all credit to the cccs. i am awaiting statements for the cc's and i know that a large chunk of these debts are charges, i would me more than happy for any refunds to be paid off these debts but the hsbc account has got nothing to do with my loan, although how can i stop the bank paying any refund directly off the loan, and if they do can i contest.

Thanks Guys

If there is an outstanding debt with the bank or credit card company involved, which is not the subject of a separate contract, they can and will offset any monies reclaimed against that debt.

hendec

hi, thanks for the reply but can you explain to me what you mean when you say ''which is not the subject of a separate contract'' i'm sorry if i appear to be a bit dopey.

Thaks

Stephen_Leak

hendec wrote: »

hi, thanks for the reply but can you explain to me what you mean when you say ''which is not the subject of a separate contract'' i'm sorry if i appear to be a bit dopey.

Thaks

If the loan was taken out under a separate credit agreement or contract (which they usually are), it is legally nothing to do with the account being reclaimed on, and the bank cannot offset any reclaimed charges against it.

Bebs

Hello

I'm new here so please be gentle;) Well, I am in a debt management plan and am currently paying off my overdraft of £4000 through Payplan, would I still be able to try reclaim the charges even though I am paying off the account?