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Claiming in a DMP/IVA (merged)

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  • Hi,

    I owe LLoydstsb a lot of money, and am currently on a DMP. I believe that the charges I have paid have not helped in my debt (in fact have helped me spiral out of control) and I could reclaim a lot of money due to the banks unhelpfulness. Can I still reclaim even though I owe them money? What can they do? Will they take me to court out of spite?:confused:

    Also I was pushed into a loan that I have now defaulted on, by a helpful bank manager some 3 years ago. I really believe it was irresponsible banking-offering a loan to someone who, on paper could afford it, but realistically was just looking for honest help out of the situation. (I know this last point is not what this board is really about but I'm hoping someone will be able to help!)

    Thank you for listening!
  • Hi there,

    right i'll make this as short as possible. and perhaps someone can answer in yes/no to me! ta!

    1- Im on a DMP, can i claim the charges back?
    2- Will Alliance and Leicester close my account?
    3- Will they tell my DMP providers to stick the agreement and demand money from me for the remainder of the debt?
    4- Ive been with the DMP for a little over a year, they said they didnt really know to much about claiming money back. but they didnt say dont do it either. wise idea to go ahead?
    5- do I even have a case given that im paying my debt back?

    cheers.
    this is all very scary stuff! and i admit i made bad choices along the line, but I still hate that they make life difficult for people.

    Chris out
  • Does anyone know if you can reclaim your bank charges through the small claims if you are currently going through an IVA::
  • sharmal
    sharmal Posts: 24 Forumite
    I have just briefly read through this thread.

    1 Yes you can all claim for your money back even if the account has been closed.
    If it is with a DCA are they legally taking your money, it seems that a lot of DCA's are acting illegally. I do not know who collects for Cap 1. If you want to knowmore I will monitor this site.

    To get monies back from Cap 1 Send an SAR first. They hide things.

    Also some people have had success claiming back contractual interest, instead of 8% but there is a different rule about this and I am not sure myself.

    If you are still chasing for more money you think they owe you and hve refused to pay take court action MCOL for what you think they owe. 9 out 10 they pay up within 28 days.
  • I have a DMP with CCCS and have just sent off letters to 2 of the banks I owe money to, and to be honest I hadn't thought about the possibility that the banks could turn around and demand back what I owe them in full and right now! Hopefully this won't happen, but have any of you actually reclaimed the charges from your bank whilst in a DMP? and did if affect your agreement with the bank at all? Many thanks
  • red24
    red24 Posts: 15 Forumite
    Very interesting discussion, maybe I wouldnt have so much debt if it hadn't have been for the charges, anyway, the account I had with Abbey was extortionate with their charges, I know my fault.

    The account has been closed for about a year now and we left them owing an overdraft which is now part of my DMP.

    To reclaim charges if poss would mean asking them to calculate them or to send me all the statements, is this what they do? and how much does it cost?

    thanks anyone who replies
  • So far there really aren't many/any positive replies regarding this question but should you decide to go ahead and reclaim your bank charges, read Martin's article follow the steps starting with Ask for charge details, link below. This could cost £10 to receive the details required from the bank although some are returning this or charging less.


    Step-by-step Guides: Bank Charges: Reclaim Your Cash | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip
  • As i passed my credit card and loan off with them to a debt management company because i didn't want anything more to do with them, they are trying to make me pay the debt off with the settlement figure.

    At first i categorically stated no, but their solicitor said they could quite easily counter claim as i have an outstanding debt still linked to my old bank.

    At this present time i've kind of given in and agreed to pay a small amount off, and have the rest by means of a cheque, so their solicitors are drawing up new paperwork to reflect this.

    I just need your advice please, have any of you been in a similar situation or are there any legal eagles on here ? Can they do this ? Do i have any rights as to having all of my money or do i have to pay them something towards the outstanding debt ?

    Any help will be greatly appreciated :beer:
  • not sure about the rights side of it but my initial thoughts would be - 'ok, thats that debt written off' tho
    'Proud To Be Dealing With My Debts' DFW 228 :j

    Total outstanding - £13000. (approx)
  • not sure about the rights side of it but my initial thoughts would be - 'ok, thats that debt written off' tho

    True, but there are things that need doing so a large portion of it is already accounted for.
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