Claiming in a DMP/IVA (merged)

livvy

I have just phoned CCCS before registering on here looking for more help. There official stance appears to be that they don't know enough about it to be able to offer any advice at all

hsgamboy

A card debt of £3k is now worth £5,500. This is due to all the charges made on the debt by the credit card company. Now they are demanding the whole £5,500 to be paid back and have taken me to court. A ccj has now been issued.

Can i go ahead and claim back these charges (£2,500) from the cc company and hence offset it on the overall debt, thus enabling me to payback only what i initailly owed (the full £3k).

I can afford to pay back the whole £3k and not a penny more, but they are refusing to accept my offer.

Any ideas ladies/gents? Has any one successfully done this before?

Many Thanks

wednesday1867

Is anyone who is on a dmp looking to, or in the process of claiming their charges back?

Im on a dmp and have only sent a letter so far to the HSBC, my account with them was transferred to a debt collection agency, who i currently pay an agreed amount each month, i know there will be at least £300 to £500 of charges, if not more.

I also have an account with MBNA and like hsgameboy, their charges and my late payments got me to the stage where i needed the dmp, id love to claim back off them as i know there will be a lot to come back to me. My only problems are, the money i currently pay them, they didnt agree to the amount, they wanted more, but seem to settle for the slightly less amount and i dont want them to then turn around and say heres your bank charges back, but heres a final bill for the amoutn you owe us, payable in full in 7 days, because it would be a ccj as i dont have the money. I would be happy for the charges to come off my balance, but not sure whether to or not.

Also my final creditor(Egg) also transferred my balance to a dca, now its in the hands of a dca, if i claim my charges off Egg, can they then turn around and ask for full payment, or is it out of their hands and in the hands of the dca now?

Edinburghlass_2

I don't know the legalities of DMP/IVA but I would suggest that the banks and/or whichever company now owns the debt will want this repaid by any reclaim of charges and this needs to be remembered if starting a claim.

wednesday1867

Edinburghlass wrote:

I don't know the legalities of DMP/IVA but I would suggest that the banks and/or whichever company now owns the debt will want this repaid by any reclaim of charges and this needs to be remembered if starting a claim.

Yeah i dont mind any monies i claim back, coming off each individual debt, i just dont want them to turn round and say here ya go, you owe us x, pay it within 7 days or we are taking you to court and me then getting a ccj.

Im pretty certain im gonna go for MBNA, i rang them when my dmp kicked in to cancel payment protection, they never, so rang them yesterday to cancel again, said ok no problem and will back date it to my original cancellation date, as there were notes on my account requesting the cancellation.

I rang them again this evening to see if it would come off my balnce which is ok, or would they be sending me a cheque, as i thought my monies would of gone to a seperate insurance firm, but again on the phone, they are pushing and pushing, giving me the treatment, even tho ive been paying every month for a year the amoutn payplan told them i could afford to. They just never stop, so let them take me to court for full amount if im succesful, once ive claimed back all charges and interest, i would of thought it would take a good sized slice off my balance and am i right in thinking, if they took me to court for the full balance, that the court would look at my current set up with payplan and more likely to say, just carry on paying what you are doing?

Also chap on the phone mentioned i was still above my credit limit, does he really think say in a few months when ive paid enough to get back under it, im gonna go on a shopping trip?

Edinburghlass_2

if they took me to court for the full balance, that the court would look at my current set up with payplan and more likely to say, just carry on paying what you are doing?

That sounds a reasonable decision but I'm sorry I really don't know.

wednesday1867

Been thinking about it even more now In total i have 6 creditors, i am currently trying to claim charges back from one. The most i can do is 3 (total). I had the defaults put on my credit file last year, so by claiming charges back and having the worse case scenario of them requesting full payment, all i can see happening is, i get charges knocked off my debts, i go to court, receive a ccj, all interest is frozen (is that right) because at the minute im still paying interest on some and they do an income rundown, which ive currently done thro payplan, so would be similar to what i pay now, so the upside is more money off debt and no interest at all. Downside being having a ccj on my record for 6 years. Even tho at the moment ive got defaults for the next 5 yrs anyway.

What are the differences between a ccj and a default? Do credit or mortgage lenders see them greatly different or similar, will i be looked upon more generously with a default rather than a ccj?

Obviously the upside would be getting my charges back and no further action taken, just leave me to pay any awards off each companies debt and then to continue with the plan.

Edinburghlass_2

Once again I have to say I haven't a clue but you might like to browse the Debt Free Wanna Board and its new sub board as I'm sure you'll find the answers there.

Edinburghlass_2

Thread here about credit cards, basically just alter the bank charge letter slightly to say you are claiming back late payment fees/over limit charges.

It is likely they will credit your account if your claim is successful.

bectoria_2

Hi all,

As you can see I have a large debt which I am currently repaying through a DMP with Payplan. The DMP was set up last May and has resulted in one CCJ with marbles, but is now fairly stable and the phone calls and letters seem to have stopped and I finally feel I am heading in the right direction.

Anyway, I have never claimed any bank/credit card charges back which, if I could, would be a considerable amount of money due to me. What I am concerned about is that if I claim charges back will this effect my DMP bearing in mind it's an informal agreement. I don't wont to end up in a worse position by banks suddenly wanting full repayments. Has anyone else in a DMP claimed their charges back?

Any advice greatly appreciated