Claiming in a DMP/IVA (merged)

Bebs

Can you tell me who you have your DMP with? and have you had any luck! Sorry if I am posting incorrectly but I am a newbie

momisa

Welcome aboard!!

Bank charges are unlawful. Definately persue reclaiming them from your bank and any credit cards.

It took my bank (SMILE) 8 weeks to work out what I was going to get back but I did eventually get all my money with interest.

Good luck

Edinburghlass_2

ruthdoe96 wrote: »

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??

As I understand it a "trust deed" is totally different to a DMP as a trust deed in Scotland is similar to bankruptcy in England.

Give CCCS a ring and see what they say about your claim and read Martin's post early in this thread about his conversation with CCCS.

LozBingley

alinella wrote: »

This is my 1st Barclays offer - i didn't want to push it too far as i was claiming interest as well. Do i just not reply to their letter? Have queired whether ay settlement be paid in chq tho.

try this for a reply letter

Dear xxx

re account xxx

I was very sorry to read in your letter of ......., that you were unable to see the cost benefits of paying my “Without Prejudice” claim
<O:p</O:p

I will now be taking my claim to the courts via the HMCS on-line website. As previously stated, all the figures I have mentioned to date have been for the period from ........... to .................. This claim will carry a court cost of £...., which I will add to my claim along with interest at 8% to the date of the award in my favour.
<O:p

Without prejudice
The charges and interest I have claimed for the past 6 years will now total £...... (including Court Costs). However, if you are prepared to pay to me £....... (representing 90% of your original charges and a more realistic interest rate of 4½% to .....) by ............. (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claims and interest.

Finally, please note, that this claim will be processed on the Courts website on 16<SUP>th</SUP> March 2007.<O:p></O:p>
<O:p

Yours faithfully,<O:p

They should reply with an offer of about 75% of your claim

wigmel

the offer is £1600 from barclays but i am chasing £2600

LISA2912

I am currently on a DMP through CCCS on which RBS are my biggest creditor.

Nonetheless, I dediced to claim my bank charges back and last week received an offer of £1074.00 which I accepted as this wasnt much short of what I claimed. In my acceptance letter, I requested that the money be paid to me via cheque as I no longer use my RBS account and have no access to it as all the cheque books and cards were returned when I started DMP.

I have since received a letter from RBS stating that they cannot send me a cheque as my account is still open and that in order to finalise my claim I must sign a letter to the effect that they can pay the money into my old RBS account - which means I cant get my hands on the money and I presume they will use this as payment against my debt to them.

Does anyone know where I stand on this matter? Are RBS within their rights to deny me payment by cheque?

Twinkly

LISA2912 wrote: »

I am currently on a DMP through CCCS on which RBS are my biggest creditor.

Nonetheless, I dediced to claim my bank charges back and last week received an offer of £1074.00 which I accepted as this wasnt much short of what I claimed. In my acceptance letter, I requested that the money be paid to me via cheque as I no longer use my RBS account and have no access to it as all the cheque books and cards were returned when I started DMP.

I have since received a letter from RBS stating that they cannot send me a cheque as my account is still open and that in order to finalise my claim I must sign a letter to the effect that they can pay the money into my old RBS account - which means I cant get my hands on the money and I presume they will use this as payment against my debt to them.

Does anyone know where I stand on this matter? Are RBS within their rights to deny me payment by cheque?

This would depend on whether you have a written agreement to repay any money you owe them and whether the payments are up to date.

In general the banks do have the Right Of Set Off, see here for more information:
Right Of Set Off

but the monies must be due and payable before they can exercise that right. If your arrangement is in writing and is up to date then they cannot take the money directly under this Right Of Set Off and you may wish to contest their claim that they can. If they persist I would advise to contact the Financial Ombudsman for help and advice on your particular situation. Good luck

Edinburghlass_2

MSE_Martin wrote: »

The following is the view of the top lot at the CCCS

Martin

"The answer is not very clear I'm afraid because there are too many variables.

Not all lenders freeze interest, so there may be no impact. For those that do, it may affect their decision whether to continue the freeze, particularly if they have had to fork out a lot in charge refunds.

I'm not aware that any have very specific policies regarding how they will treat DMP clients who request refunds. I'm certainly not aware of any clients who have suffered as a result of reclaiming their charges.

If a bank overdraft is comprised almost entirely of charges that were then refunded, that would essentially wipe one of the debts out altogether and remove it from the plan.We would expect the client to use the money towards clearance of the debts, unfortunately, as we are not actively involved in the process (i.e. we don't do it for them) we don't know to what extent they are successful and how much they get - we're reliant on their honesty!)"

Have a read of what CCCS said to Martin regarding monies reclaimed.

Tootsie_Roll

Twinkly wrote: »

This would depend on whether you have a written agreement to repay any money you owe them and whether the payments are up to date.

In general the banks do have the Right Of Set Off, see here for more information:
<A href="http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm"&quot; target=_blank>Right Of Set Off

but the monies must be due and payable before they can exercise that right. If your arrangement is in writing and is up to date then they cannot take the money directly under this Right Of Set Off and you may wish to contest their claim that they can. If they persist I would advise to contact the Financial Ombudsman for help and advice on your particular situation. Good luck

Well it will certainly depend on whether the bank have called in the overdraft at any point - really need to check every letter in detail. If you have an arrangement in place (written or not) makes no real difference as long as the overdraft has been called in; they can still apply ROSO. The subsequent arrangement does not in law over rule the initial 'default'. It is an interesting point though - 'due and payable' on a bank account is possibly slightly misleading as there is no monthly payment. When does the overdraft sum become 'due and payable'; could probably argue back and forth about this for ages !

Tootsie_Roll

Stephen_Leak wrote: »

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.

I'm sorry but this information is completely wrong. Right of set off will apply across all accounts held by the same company in the same name e.g. I have applied ROSO many times to pay mortgage accounts where I have taken the money from savings accounts - the only commonality is the account holder.