Claiming in a DMP/IVA (merged)

jollyjester

hi all
sorry if this has been asked before but i could do with a bit of clarification but credit card charges.

I'm currently on an agreement set up through citizens advice with my credit card companies where they have agreed to lower my monthly payments and freeze the interest and charges for between 6 and 12 months depending on the company. however i have been through my old statements recently and could potentially reclaim approx £4000 - £4500 in charges from the past 4 or so years.

what id like to know is if i did go ahead and begin the process of reclaiming the charges would it have a effect on the agreement with them i.e they would cancel it? also i have a credit card with lloydstsb and a personal and business current account would reclaiming card charges from them have any impact on my current accounts (could do with keeping the overdraft facilities they provide)

many thanks
jollyjester

bujanda96

Dear all,
sorry if this has been asked before,
I am in a DMP with Payplan, have been for 4 years, many creditors are card companies and i would guess any claims would run into the thousands.
Now, I can see that if the card issuer was still dealing direct with Payplan, then putting in a claim could jepordise any aggreement. But what if the card company has transferred the debt to a collection agency, then the claim would surely be seperate to any agreement.

any one in a similar spot, or able to advise, the money of course would go towards clearing the debt , and we really want to do this asap.

thanks moneysavers

jollyjester

any ideas anyone?

Smasher

Credit card charges are not affected by the test case so there is nothing to stop you reclaiming them. You will need to explain what exactly is in the agreement, but potentially, depending on what you agreed, you could stop paying them and get straight on with the claim.
I can also ignore any further charges that they impose & simply add them to your claim. If there is more in charges than you owe them, you could also possibly sue for damages.

mbaz

Hiya I am in the same position as you so to be on the safe side I have asked my creditors politely for the difference to £12. All agreed immediately and have kept me on the debt management plan. I can send you the letters I sent if you like as i created my own. Your banks can stop the agreement at anytime as it is an informal arrangements - that's why I was too worried to go down the "hard line"

continualdiamond

Can i claim this back??

Im going through payplan and my *old* bank account is the lloydstsb. I do not use this bank account anymore to do everyday banking, but it is still open as i have an overdraft debt with them.

My overdraft limit is £3000 and i stopped using the bank account at the end of August 2007 at which they were informed of mine and OH finanical problems. They have been kept up to date and had token payments on the advice of payplan until the DMP is set up at the end of Jan.

Sept charges: OD interest at £22.73, OD excess fee £30, account charge £15 = £3067.73

OCT charges: OD interest £26.76, unpaid personal loan - £25, account charge £15 = £3134.49

Nov charges: OD interest £25.23, account charge £15 = £3174.72

Dec charges - OD interest £28.36 = £3203.08

Jan charges - OD interest £30.14, unplanned OD fees - £215 = £3448.22

How is this last fee fair?? They know where struggling finanically and doing everything we can through payplan to get it sorted. They've been sent expenditure/income sheets and the letter i had basically said i needed to pay the £203.08 to being me back to £3000 overdraft limit or id be charged the £215, but they very well knew when they sent the letter i had no way of paying that to them.

As someone pointed out to me on another board, they say to let them know when you will struggle and they'll do all they can to help. But they haven't, no help at all, despite our efforts to keep them informed and pay the token payments, its made no difference, i may of well not made any token payments.

It's not like i went over the overdraft limit, i informed them we were stopping banking with them and were in contact with payplan, the charges have put me over the limit.

starsinmycrown

i cant advise, you i'm afraid as theyve done the same to me this month- i've had to borrow money off my mother- and it took me 40 minutes on the phone arguing over the payment, i can only offer sympathy. They deserve nothing but the very worst, all of them.

jollyjester

hi
thanks for the response the agreement i am on was that the citizens advice asked my creditors to accept a pro rata payment based on what i had left at the end of the month, they also submitted a financial statement to them of my income and outgoings. Most of the creditors agreed to the lowered payments and have frozen interest and charges for between 6 and 12 months. i think i could clear 2 possibly 3 of my debits with what i could claim back (if they refunded the full amounts) but didn't want to jeopardise the arrangements if i started the process.

mbaz i would be interested to see how you worded your letters as this approach may work for me as well.

cheers all jj

smartsuit

I have claimed back charges from credit and store cards in the past. Nothing huge and not while on a DMP but they refunded the money back on the cards and not by cheque. Just in case anyone was expecting a cheque to pay other debts. And been on a DMP you wont be able to use the cards to pay other debts either. Dont know if this will effect your aim. Hope this info is of use to someone.Good luck

taxigaz

I have large debts totalling over £30000, i am on a dmp agreed with my creditors, mostly banks and credit card companies, now i must have ammassed a large amount of charges in running up these debts, is it worth trying to claim them, bearing in mind i would probably get the back up of my creditors and they may decide to deal with me in another way, any charges i got back i would quite happily offset against my debts, and obviously because of the large debts i am a hardship case?