Thread: Recovering charges whilst participating in an IVA..

Can anyone tell me if being involved in an IVA with Nationwide would prevent me from recovering charges from them?

Thanks.

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I wouldnt have thought it should prevent you claiming - but they might want anything you win to pay back what you owe them.

I see. Once an IVA is agreed though, I understand that they cannot take additional payments on top of what you have commmitted to pay monthly. The IVA is reveiwed every six months, and they can ask for higher payments based on any additional income you have, but if it's already spent....
Just wondering if they can refuse to pay out becasue I am in an IVA.
If so, I won't bother investing the £80 with the court.

Hi Jaybee

You might find this interesting and useful:

http://www.consumeractiongroup.co.uk...here-help.html

This guy went ahead and Lost post an IVA.

Thanks mate - saw that.

I thought he lost because his Nationwide debt was not included in his IVA though, so they used the money he won to pay off his debt to them?

Once Nationwide have accepted the terms of the IVA, I don't think they can request additional monies until the 6 monthly review - but I'm not sure on that, hence my question.

Hi Jaybee, (thanks Greenie for suggesting my link!)
First of all I`m a she (but youse werent to know that

My Nationwide debt WAS included in the IVA - but Nationwide failed to send my IP a `proof of debt` form, so were too late to get their money owed (if the meeting goes successfully all creditors have to claim their debt within 28 days)
So altough Nationwide made an error and didnt claim their money, under the Insolvency order they have to be legally bound in the said IVA. (like ANY IVA creditor who does get money)

Still what the Judge at the court was accusing me off was that,
whether Nationwide got their money from the IVA or not ( he aknowledged that they were legally bound by it under the Insolvency Order),I had knew of the Bank Charges I was intending to claim for on the 1st date on my schedule of charges which was May 2006,when (he said) if I knew I was owed money off someone before the IVA came into place I shouldve given those figures over to my IP to be included as an asset in the IVA, and as a result, I was in the wrong for asking for it back...

But not to worry...I still DID recieve a refund of charges on my first claim from Nationwide and as I`ve pointed out before just watch those dates folks (cos I didnt)

Thanks for clearing that up VNK, and apologies for my sexist assumption

Looks like I should swerve claiming back the charges then...

Gutted, as it's just over two grand:cry:

Hi jaybee, (thanks am trying to get a name change here at the moment with no luck so far:-0)
I`m NOT saying DONT claim back - make sure you look into the date your IVA started and the dates on your schedule of charges...you could also ask your IP what they think (although mine thought I was right even if the judge didnt!).
No-one expected this to come up in the court(not even the defendants solicitor) so, if you know what you may be up against, you could still claim with your arguments for the dates (if they were to arise!)
It all depends on your own personal situation...and remember there was a whole lot of other complications with this claim to begin with...
Think about it carefully before you dismiss the idea of reclaiming.