DMP, Reclaiming bank Charges

Gopher1 · 7th June 2007, 00:01

Hi All.
Has anyone had the pleasure of reclaiming unlawful bank charges whilst in a DMP?
This is my situation, many creditors, been in DMP with Payplan since December, one of our creditors is barclays who we are trying to reclaim 6 years of charges etc !!!
Stage at moment is letter from barclays disagreeing with our claim! Just hoping this a just a delay, scare tactic on their behalf and nothing to do with the fact we are in the DMP and that they are just one we owe money too, which by the way is a lot less then we are claiming back for and would be very happy using the money to pay off what we owe them!!!
Thanks in advance
Posting our banking case on bank action group already

Russjo · 7th June 2007, 00:04

Not an expert on DMP's but I do know that you should inform whomever is managing your plan for you. If you are successful then they would expect you to put the money towards it anyway and if not (unlikely) then you haven't lost anything

Gopher1 · 7th June 2007, 00:09

Thanks Russjo.
have informed payplan of our intentions, just a bit of a shock really to receive this letter today without a offer etc which by most posts is normally the reaction ?

miss muppet · 7th June 2007, 00:53

Hi Gopher, completely standard Barclays reaction! My OH has been on dmp through CCS and paying £8 pcm, tried first claiming from them last year,they made a partial refund into our account we told them we would be claiming for the rest, couldn't raise court fee until Feb - our balance around £400, charges £290 odd, our prelim hearing 22nd June, as is also standard they raised a defence at last minute, then we got offer last week for the amount claimed but we have also asked for the costs of preparing for court ie. around £124 and now waiting to see but haven't cancelled prelim hearing yet - the amount should clear our balance and rid us of them - keep going, you will win no probs.

sequenci · 7th June 2007, 08:45

Quote:

Originally Posted by Russjo

Not an expert on DMP's but I do know that you should inform whomever is managing your plan for you. If you are successful then they would expect you to put the money towards it anyway and if not (unlikely) then you haven't lost anything

the i think the important word here is "should". a DMP is an informal method of repaying your debts which means that you wouldn't get in trouble if you were not to inform payplan of the "windfall", however, the money you claim back should really be paid on a pro-rata basis amongst all of your creditors unless you have priority arrears such as council tax, rent/mortgage or fuel etc.

Jhawc24 · 7th June 2007, 12:25

I think you'll find that if Barclay's pay back your charges, then initially it would clear the oustanding balance. Therefore reducing the debt.

Regards, Joan

sequenci · 7th June 2007, 14:19

Quote:

Originally Posted by Jhawc24

I think you'll find that if Barclay's pay back your charges, then initially it would clear the oustanding balance. Therefore reducing the debt.

Regards, Joan

usually with these sort of claims you can make it a condition of the refund to have it sent in the form of a cheque rather than a payment to reduce the outstanding balance.

Gopher1 · 7th June 2007, 22:36

Hi.
We have been in contact with the financial ombudsman service, who could not comment on the fact we are in a DMP, but did advise my OH (Her claim) to send a letter to barclays bascially saying we disagree with their responce and request a final responce in writing within 14 days, once this has arrived we will submit our case to the ombudsman for investigation.

Gopher1 · 10th June 2007, 23:28

Quote:

Originally Posted by sequenci

usually with these sort of claims you can make it a condition of the refund to have it sent in the form of a cheque rather than a payment to reduce the outstanding balance.

OH will be using all charges reclaimed to clear her debt, the claim is far bigger then what OH owes them, we are also in process of claiming back charges from two other barclays accounts, one in joint names and one in my name, both are in arrears and form part of our joint DMP. These will be settled and still a large sum left if we win all three back

rory32 · 11th June 2007, 01:36

Gopher,
Please ensure that you have at least asked for statutory interest in your claim (8%). The FOS have no problem in awarding this.

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