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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 26th July 2008, 12:07   #1 (permalink)
myfinmoney
Basic Account Customer
Default An IVA, defaults, all unlawful ??? Help please..

Hi everyone,

My story is that my wife and I entered into a full and final settlement IVA, whereby we settled around £30k of debt with £12.5k of family borrowed money which we are still paying back on an interest free and emotional basis! As you can imaging a pride swallowing experience!
  • The original debt was made up of various credit cards namely, Capital One, Barclaycard, Egg, Halifax Credit Card, and two Halifax overdrafts among other things, but the above seem to be the only ones showing on the CRA files as ‘settled’ but all defaulted! And of course the IVA. In hindsight I would have had ‘no defaults’ built into the settlement.
  • I am 95% sure that every one of these would have ‘unlawful’ charges added to the accounts which finally ended up in the IVA and then Defaulted.
  • My questions are:
a) Is a Subject Access Request request to each company the best way to establish if I have a case on ‘unfair charges'?
b) Is it better to just write to all three CRA and demand they substantiate there records and prove under no doubt that the information they hold is correct, or correct it. Let them do the work.
c) If it dose transpire that all the defaulted accounts were built up of unfair charges can I then claim therefore that not only are all the defaults to be removed but also our IVA was unlawful and should be removed as it was based on charges that were unlawful??
d) If the above is correct how is it best to go about this. And also whilst I think about it, claim some serious compensation.

Any help or guidance on this would be greatly received.

Many Thanks.
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Old 28th July 2008, 23:50   #2 (permalink)
old_andrew2007
Platinum Account Customer
 


I am in: West Midlands
Posts: 2,013
old_andrew2007 Informativeold_andrew2007 Informativeold_andrew2007 Informativeold_andrew2007 Informative
Default Re: An IVA, defaults, all unlawful ??? Help please..

Bump
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Old 29th July 2008, 00:26   #3 (permalink)
myfinmoney
Basic Account Customer
Default Re: An IVA, defaults, all unlawful ??? Help please..

Hi,

Sorry I am new to this. What does 'Bump' mean ????
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Old 30th July 2008, 08:55   #4 (permalink)
old_andrew2007
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I am in: West Midlands
Posts: 2,013
old_andrew2007 Informativeold_andrew2007 Informativeold_andrew2007 Informativeold_andrew2007 Informative
Default Re: An IVA, defaults, all unlawful ??? Help please..

BRING
UP
MY
POST

Bump will move a post to the top of the list, preventing it disappearing, and enable a person with experience to answer, this link explains the reasoning and process. http://www.consumeractiongroup.co.uk...ml#post1323268


Andy
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Old 31st July 2008, 23:36   #5 (permalink)
myfinmoney
Basic Account Customer
Default Re: An IVA, defaults, all unlawful ??? Help please..

Thanks Andy,

Maybe I need to keep it shorter !

What is the best approach to removing defualts that are showing as satisfied ??
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Old 2nd August 2008, 08:19   #6 (permalink)
freakyleaky
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I am in: Middle Earth! (But have been to other places)
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Default Re: An IVA, defaults, all unlawful ??? Help please..

Thread moved to CRA forum where you may get more response.
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