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Urgent - Martin please help re reclaiming
Comments
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I got this letter from Mint today -
You should be aware however that to contact us direct, disputing the balance lodged at Court could cause the IVA to fail. I reiterate that you must contact the IP about this, as for legal reasons we cannot deal with any dispute while the IVA is still active.
Anyway, I contact the IP and they said the above is nonsense and I could go ahead with the claim, the onlyh thing is they may take if off the balance and not pay me directly. I am quite happy with this THB. Anyone have any experience of this or Martin do you have any comments?
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I think you will get more help on the reclaim forum.
I also think you should have a word with the OFT about the legitimacy of this threat. They are not happy with companies that make unsupportable threats or which threaten people wth penalties for pursuing their legal rights.If you've have not made a mistake, you've made nothing0 -
I think you will get more help on the reclaim forum.
I also think you should have a word with the OFT about the legitimacy of this threat. They are not happy with companies that make unsupportable threats or which threaten people wth penalties for pursuing their legal rights.
Thanks Ras - I have posted on the reclaiming thread but just thought I would let you know that my IP was shocked when I told her what they said in the letter and that it was utter rubbish! I amy contact the OFT as this is wrong!0 -
As far as I'm aware there is nothing to stop you from claiming back the bank charges. The claim is based on unfair charges prior to you having the IVA, and the fact you are in an IVA is irrelevant.
As you rightly say, if you were to get a pay out then you would have not notify the IP in case it has to go towards paying off your debt, but there is nothing stopping you from making the claim.
Matthew.I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.
CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.0 -
Thanks Matthew, my IP said they are 100% happy with me claiming and I should not let them threaten me :beer:0
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Hi there I to have been told by Capt one that because I have entered an IVA I have waived my right to make any reclaim against them for unfair bank charges.
I have already had another CC under the same IVA refund charges to my IP, they didnt have a problem. Is there any legal issue that they can refuse me this reclaim0
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