Claiming in a DMP/IVA (merged)

andysams

I was wondering if anyone knows if it is worth me trying to reclaim the credit card over charging, that have been levied onto my accounts.
I entered into a Debt Management Plan 12 months ago, but before entering this my creditors were charging me on a monthly basis due to late payments etc.
Is it worth me trying to reclaim these overcharges? or will my creditors stop me repaying them through my DMP
Any info would be very useful as this will work out to be a considerable amount of money.

Candy0107

Hi,

I too am on a DMP with CCCS, and 2 weeks ago I sent the letter and the cheque to 3 of my cc companies to start the ball rolling on getting my charges back.

1 of them has cashed the cheque (hopefully my list of charges will be on its way to me soon)


Fingers crossed that this gets sorted soon, as I guess that I have been charged a fortune over the past 6 years!:eek:

loubi_3

I have jsu posted this question. I am in debt management and even though they are taking my reduced payments they are still charging me late payments. So how the hell am I ever going to pay it off?? I'm going to give it a go - hey, they can only say no can't they!

Candy0107

Hi Loubi,

Have you tried speaking with your Debt Management provider for advice - I am with CCCS, and they can answer most questions I have.

Edinburghlass_2

Edinburghlass wrote: »

You need to read the previous posts as you should let your DMP know and be aware than any monies reclaimed will probably go towards any debt held by the bank but this of course will reduce what you owe.

....................

tree_lover_2

I have recently started a Debt Management Plan and wondered if my creditors would have a bigger defense against paying back their charges, after agreeing to a lesser monthly payment and possibly even freezing charges and interest.
Does anyone know the detail involved in this or have a suggestion?

pollypickle

loubi wrote: »

I have jsu posted this question. I am in debt management and even though they are taking my reduced payments they are still charging me late payments. So how the hell am I ever going to pay it off?? I'm going to give it a go - hey, they can only say no can't they!

I am having this problem with Halifax right now. I am also with CCCS. I am going to try and get the charges refunded, but would be interested to know how you are getting on

clanger69

Hi

I am currently in an IVA and would like to know if anyone on this thread has won back their charges while on an IVA and how much did the IVA company let you keep for yourselves???

Also.....my partner declared herself bankrupt lasy year and has since been discharged. Does anyone have any legal advice as to whether it would be worth her while claiming back all her cc charges/PPI claims (amounts to about £3500) as she has had one reply from Egg who told her bluntly that any money she would get back would go straight to her debt!!!! I thought if she has been discharged then the debt has been dealt with??

Thanks in advance for any help on this

clanger69

Me again

I have read through the whole thread and see that many people do get there charges back, albeit to be paid into the account that they are in debt with.

As i'm on an IVA i would like to know whether the charges that i could possibly get refunded would go towards the part of the IVA that i am paying off or towards the rest of the debt that has been written off?

i.e i owed £40k but throught the IVA am paying off £22k of the debt. If i got back £2k of my charges claim from MBNA would that go to reducing the £22k amount or would it go to the amount that has been 'technically' written off? If the latter then it's hardly worth anyone on an IVA trying to claim their charges back as they wont be benefiting at all as, in my case, the £22k debt will still be there.

Also, as part of my IVA agreement, it states that any 'windfalls' (hardly a windfall as the b*stards charges caused me to get into this mess!!) will be split evenly to all of the creditors. If that's the case then how are some of the banks/cc companies getting away with refunding the charges and paying them to clear their own debts???? Surely that is a breach of the IVA's terms and conditions??

Confused!!!!!!!!!!!!!!!1

clanger69

happyhappygal wrote: »

Hi there

Just a couple of questions..

1. I am half way through a £35k IVA - am I able to claim charges, or if I did, would this just go straight back into the IVA anyway?

2. OH is doing his own DMP - can he reclaim? Don't want to annoy these companies who are currently working with us to get the debt down.

Thanks!
:beer:

Hi Happyhappygal

Did you get any response to your IVA question?

I'm in the same predicament and don'ty know whether to pursue my reclaims or not!!!!