Claiming in a DMP/IVA (merged)

alinella

Hi there, further to my previous couple of posts which i couldn't back track to, Barclays have said they would only pay into my account & not direct to me via cheque.. well it's better than nothing despite my DMP with CCCS it's a result in the long run obviously.
My question is, someone suggested i should turn down Barclays 1st offer, it was just over 50% of my claim (which i was claiming with interest), do i just issue small claims papers against Barclays by way of declining their offer or is there another letter i should be writing. Thanks for your help.

easyrider81

Hi everyone got a question to ask on behalf of my girlfriend.

She has been trying to claim her charges back from HSBC for the past 5 months which total £2022. She has now finally received a letter from HSBC stating they would like to offer her a goodwill gesture of £1716.15 which she is very pleased to accept.

Unfortunately after the offer is made they go on to state this and i quote:

"As you are in an IVA we have contacted your IVA Supervisor. Given that the refund relates solely to your account with HSBC it has been proposed that the only sensible approach is to issue a cheque for the above mentioned sum which can then be passed onto your IVA Supervisor to agree where the funds should be applied."

"If you accept this proposal please sign and return the enclosed acceptance form, within ten working days and we will arrange for a refund to be made to you. Please allow fourteen working days and we will arrange for a cheque to be sent to Wilson Philip (the IVA company she's with.) If we do not receive your signed acceptance within this timescale, we will take it that you have declined our offer."

Now basically she is happy with the amount offered but she doesn't want it to go to her IVA company as she has waited so long for the offer and she now needs the money herself and is happy to carry on paying her IVA as it is so can she get the offer paid to her or does it HAVE to go to the IVA company? She wants to decline the offer because it is going to the IVA but she is worried what will happen if she does decline it.

Has anyone else had this kind of letter where they want to pay off an IVA instead? have you been able to get the money paid to yourself instead?

Any help or advice would be greatly appreciated

MARC0835

Hi. My boyfriend received the exact same letter today for the total of £990. I'm gutted if it has to go to his IVA as we really could do with that money at the mo! Let me know if you have any outcome. Good luck

continualdiamond

Can i reclaim bank charges if im going down the route of an IVA?
We haven't submitted for an IVA yet, but are in the process of a company sorting out figures.

We've opened another bank account for the IVA route, so should our bank favour to repay charges and close our account it's no problem.

So should we submit to reclaim charges, then do IVA or process IVA then reclaim charges after we close our bank account.

Can you reclaim charges on a closed account?

Im not sure if an IVA in place first might make it more difficult to get back bank charges..

Twinkly

continualdiamond wrote: »

Can i reclaim bank charges if im going down the route of an IVA?
We haven't submitted for an IVA yet, but are in the process of a company sorting out figures.

We've opened another bank account for the IVA route, so should our bank favour to repay charges and close our account it's no problem.

So should we submit to reclaim charges, then do IVA or process IVA then reclaim charges after we close our bank account.

Can you reclaim charges on a closed account?

Im not sure if an IVA in place first might make it more difficult to get back bank charges..

Personally I would submit claim for charges then enter the IVA if its absolutely neccessary. You may be entitled to reclaim a lot more than you think going back over 6 years and be able to reduce any debts substantially before considering any other action.

You have asked if you can claim on a closed account. I am not sure if you mean after you close the account or that you have closed accounts previously that you are enquiring about. If you have previously closed accounts and wish to claim then yes you can. Just follow the steps in the main article and when sending your SAR (Subject Access Request) for your details include the account number if you know it. If you dont know the number give them as many details as possible to trace your account such as full name and address and date of birth, date account opened/closed and local branch address at the time may prove useful.

If you meant close the account and then claim then yes you can do that too.

Good luck

easyrider81

easyrider81 wrote: »

Hi everyone got a question to ask on behalf of my girlfriend.

She has been trying to claim her charges back from HSBC for the past 5 months which total £2022. She has now finally received a letter from HSBC stating they would like to offer her a goodwill gesture of £1716.15 which she is very pleased to accept.

Unfortunately after the offer is made they go on to state this and i quote:

"As you are in an IVA we have contacted your IVA Supervisor. Given that the refund relates solely to your account with HSBC it has been proposed that the only sensible approach is to issue a cheque for the above mentioned sum which can then be passed onto your IVA Supervisor to agree where the funds should be applied."

"If you accept this proposal please sign and return the enclosed acceptance form, within ten working days and we will arrange for a refund to be made to you. Please allow fourteen working days and we will arrange for a cheque to be sent to Wilson Philip (the IVA company she's with.) If we do not receive your signed acceptance within this timescale, we will take it that you have declined our offer."

Now basically she is happy with the amount offered but she doesn't want it to go to her IVA company as she has waited so long for the offer and she now needs the money herself and is happy to carry on paying her IVA as it is so can she get the offer paid to her or does it HAVE to go to the IVA company? She wants to decline the offer because it is going to the IVA but she is worried what will happen if she does decline it.

Has anyone else had this kind of letter where they want to pay off an IVA instead? have you been able to get the money paid to yourself instead?

Any help or advice would be greatly appreciated

Regarding previous post my girlfriend has phoned her IVA company to ask about how the bank refunding the money to them works and it's unbelieveable what they have said. Basically they say that HSBC send them the cheque then they hold the money and then pay more off each month to HSBC than before but the debt doesn't reduce any more than before it just means HSBC get paid back more of what they are owed than originally agreed.

So basically it benefits my girlfriend zero and HSBC are getting all there money back that they refund which seems disgracefully unfair.:mad:

Twinkly

Apologies Tootsie I have only had time to revisit posts this morning and this reply is a little late.

Tootsie_Roll wrote: »

I do not agree with your terminology e.g. 'stolen'.

I did state that I had put it simply. Stolen, taken unlawfully, pick-pocketed, robbed - I could go on but I think the gist is there.

Tootsie_Roll wrote: »

Very, very debatable. As a sweeping generalisation it is always the bank account that is the first indicator of someone getting into financial trouble by bouncing dd's and cheques etc. It then follows that loans, mortgages etc then stop getting paid resulting in financial meltdown. Is it the fault of the bank that the payments get missed in the first place ? I certainly don't think so. I agree that the charges add to the debt outstanding but if as we are discussing here the charges are refunded then they just cancel each other out.

As you state, a sweeping generalisation. I am here to help, if I can and have no opinion regarding peoples personal situations or how they occurred. I do not judge 'fault' and simply advise on what can or may be done about it and certainly what should be investigated further.

Tootsie_Roll wrote: »

Well I certainly don't agree with this point. ROSO has been common law for centuries and I believe a bank would be negligent if it did not clear an outstanding overdraft balance with the credit from the charge re-claim. It is simple common sense. Bank makes 'unlawful' charges of say £1,000 to an account. Account is £1,000 overdrawn and account holder recalims the outstanding charges plus interest. Bank apply credit to account and re-pay overdraft that was incurred by the charges in the first place and remainder goes to account holder - seems perfectly logical and reasonable to me.

You have entirely missed my point that ROSO, whilst a lawful action, is now being applied in respect of unlawful charges. It is logical that the action can and should be queried as to whether it is appropriate. Regardless of yours or my opinion on the matter the only official recourse is the Ombudsman and I advise people to do so.

Tootsie_Roll wrote: »

Of course it is only appropriate to go to the Ombudsman once the banks complaint procedure is completed and a letter of deadlock is issued.

Just to reiterate and clarify a little. I advise to contact the ombudsman for advice. It is appropriate to contact the Ombudsman at any point, at any time, for advice and I have personally done so in the past.

However, If you approach the Ombudsman for resolution of a complaint you must complete the banks complaints procedure first and the bank must issue notice of their final response before you can proceed further.

Twinkly

LISA2912 wrote: »

Thanks for that advice Twinkly, I contacted RBS who said that as I do have a payment agreement set up through CCCS, I will be able to access the money paid in. This is great news:j

Thats good news indeed Lisa and I hope it will encourage others to clarify their own personal circumstances with regard to refunds. Well done you

4ever_hopeful

I tried to post this yesterday but was unsure on how to since it was my first visit so i am trying again today. Need help please..In 1995 i possessed 8 credit cards. Things got tight with finances so i only repaid the minimum on the cards. it got to a stage where i was living on £150 per month after being paid almost £1600 in wages. I got desperate and entered an IVA in 2000. This then collapsed 4 months later in March 2001 because i lost my job. Can i claim any of my charges back form 1995 onwards. The thing that makes me feel bad is that although the IVA failed and the easy option would have been bankruptcy i opted to call all the creditora and now only have 3 of them left to pay. I owed almost £24500 but now owe in the region of £5000. Please can you advise thank you.

krisskross

Can't answer your question but am full of admiration for the dogged way you have paid off your debts. Well done and I hope it is possible for you to get something back from the banks.