Claiming in a DMP/IVA (merged)

Edinburghlass_2

Edinburghlass wrote: »

You need to start your claim with the bank/cc that your account was with however be aware that any monies reclaimed will go towards any debt no matter who now holds the debt. This of course will reduce the amount of debt so all to the good.

It doesn't matter if the account is closed you can still ask for the statements as normal.

Have a read back through the previous posts in this thread and as above regarding any monies reclaimed should you be successful.

kirstle99

Me & my partner are currently with Payplan, and we contacted them to ask if we could go ahead and start the charge-claiming process, I would reccomend always doing this before you start. As one of our ex-banks' debt is more than half due to their charges, they advised going ahead as we had nothing to lose, and we were not breaking our agreement with them in any way.
So, we are going ahead, and hopefully we can cut our debts down a bit with any refunds we may recieve.

roman_3

Hi
We had debts that were settled in Nov 2007 on an iva. showing as settled on credit files. We are in the process of trying to claim cc charges the cc are saying they will pay but will credit the dca's. If the accounts are settled can they do this or must they send me the money. I only ask as in an iva all debts are paid X amount in the pound therefore if they credit the dca's they are taking money that is not there's.
can anybody help?

kewe89

I am on my second year of IVA. ids it possible to reclaim bank charges if on IVA?

Edinburghlass_2

Yes you can but be aware that any monies reclaimed will be put towards any debt even if the debt is held by a DCA. This of course will reduce your overall debt.

roman_3

If the dca's are showing that the debt is settled, can I ask that the money be repaid to myself?

Ex-Spendaholic

Can someone please advise me?

I am £1000 over the OD limit of my Halifax account. :mad: Whilst a lot of this is my own fault the majority of it is down to bank charges - yes I know it is my fault I incurred them. Anyway a few weeks back, Halifax helped themselves to £300 from another account towards the OD. I then made an arrangement with Collections that I would pay £120 a month towards this debt and this would commence on 1 July. I thought that things would settle down

Meanwhile I had sent a letter 1 claiming bank charges - we are talking £3K. :eek: I expected to get a letter saying go away our charges are fair so tough luck or a letter saying that the case would go on hold until after the court case thing.

Today I received a letter saying that they were sorry I'm unhappy with their service and they would investigate and get back to me within 4 weeks. Is that the usual letter? So that was fine. I then open another letter with a Default notice.

Should I have had a default notice when I had made an arrangement to pay them off and they were happy with it?

I cannot afford at the minute to pay them in one lump sum unfortunately. What will happen now? Will they close the account?

Any advice appreciated.

JES_F1

As I'd got myself into a right old financial mess, I've got a debt management plan with the CCCS, which started at the beginning of the year and will take about five years to pay off.

All my creditors have agreed to my reduced payments, and have frozen interest and charges for anything between three and 12 months at a time, when they expect a review of my situation.

I'm fully aware that I've only got myself to blame for being in this mess, and that I've broken the terms and conditions of my contracts with the loan and credit-card companies.

However, would I still be able to claim charges for the period up to starting my debt management plan?

I've not done any calculations yet but believe that in a couple of cases at least, any claim would reduce the debt owed significantly. (I would use any reclaimed charges to pay off the debt on that card.)

It's obviously a very delicate situation - I'm keen to reduce the debt as quickly as possible (and claiming back the charges would go some way to do this) but don't want to rock the boat when my creditors are currently OK with the situation, and have frozen interest and charges. (A couple have defaulted, and the debts are now with debt collection agencies.)

I've done some research online and found a couple of similar posts in forums - responses vary hugely from the "go for it" to the "you shouldn't even be thinking about claiming back charges when you've broken your terms and conditions".

I'd be grateful for any advice - good or bad!

shooter

Hi JES_F1
My mum has a CCCS arrangement and when I spoke to them about reclaiming they said to go ahead but if she received any payments direct to her that she should inform them and that she would have to use at least 75% to go towards repayment of her debts.

Good Luck with reclaiming

ikkle87

Hi there, I hope some of you may be able to help me with regards to a little problem I have.

Prior to setting up my DMP an account with Halifax had gone into unauthorised overdraft, due to bank charges this went up to £350. Halifax agreed that if I paid £10 a month off the account that they would raise my authorised overdraft limit to cover the amount owed thus stopping anymore bank charges. I managed to pay off £50 of it however now I am in a DMP with CCCS I have a bit of a problem. CCCS have changed monthly payments to £5 a month and Halifax have now removed the higher overdraft limit and informed me they will be adding on bank charges monthly till the account is settled.

So I was just wondering if anyone had any advice or knew of another way to get Halifax to stop adding the bank charges as if I am paying £5 a month and they are adding £28 a month I'm never going to get it paid off.

Any help would be greatly appreciated.

Thank you

Ikkle x