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How do I get round this one?


kano24
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I have sent off a preliminary letter to Natwest and Capital one asking for my charges back. They have both written back and said that they will not refund the full amount, but have offered me half and have stated that they have already credited this amount to my account.

 

The only problem I have is that I dont want them to do this! One of the accounts is suspended due to an IVA that is set up and I have no access to the account. I have other debts that need to be paid off first. Also, I want the full amount back from them and I am not willing to accept half.

 

I have written back to them and they have refused to take the refunded amount back out of my account. What do I do now? I suppose I technically have a partial settlement, even though I cant get access to the money. Can I still put in a court claim for the full amount or do I have to settle with just claiming for the amount they havent refunded?

 

Hope this makes sense!

Lloyds TSB - £2808 Settled in full 15/11/06

HSBC - Settled £810.56 in full 11/11/06

BarclayCard - Data Protection Act sent 05/09/06

Failed to privide information - Complaint issued to the Information Commissioners Office 12/10/06

NatWest - £54 settled in full 15/11/06

Capital One - Prelim Letter sent 16/10/06

LBA sent 30/10/06

CitiCards - Prelim Letter sent 29/09/06

LBA sent 10/10/06

Claim issued 04/12/06

Acknowledged 07/12/06

StyleCard - Cheque for £130.00 recieved 20/10/06 - FULL SETLLEMENT!

RFS - Settled in full £494 08/1/07

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You can still file a claim at Court for the full amount.

 

I don't know what the situation is in demanding payment by a particular method if you have outstanding debt on the account though. If you hadn't had a debt management plan then then I'd say they probably could off set it against the debt but, as you have, I don't think they have an automatic right to do that as you have actually contracted with them as to the method and frequency of repayment. Could well be wrong there though.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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As a Creditor in an IVA myself I would be somewhat annoyed at a bank refunding charges to my Debtors now-closed bank account as, to me, this would smack of them settling their own debt to the detriment of other creditors.

 

The point of an IVA is that all creditors agree to accept only a percentage of their debt in return for regular, specified monthly payments from the debtor. In my case this will leave me somewhere around 10% better off than if the debtor went bankrupt and everything was liquidated.

 

Again, as a creditor myself, if I found out about a practice like this, I would make a complaint to the Insolvency Practitioner concerned.

 

The other way such a 'payment' could be treated, (and which would be fair to all creditors), is for the IP to treat the 'payment' as a 'windfall'.

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

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Thanks for the advice guys.

 

I will be submitting a full claim for the total amounts next week.

 

If I will also write to my insolvancy practitioner informing them what of what they are doing.

Lloyds TSB - £2808 Settled in full 15/11/06

HSBC - Settled £810.56 in full 11/11/06

BarclayCard - Data Protection Act sent 05/09/06

Failed to privide information - Complaint issued to the Information Commissioners Office 12/10/06

NatWest - £54 settled in full 15/11/06

Capital One - Prelim Letter sent 16/10/06

LBA sent 30/10/06

CitiCards - Prelim Letter sent 29/09/06

LBA sent 10/10/06

Claim issued 04/12/06

Acknowledged 07/12/06

StyleCard - Cheque for £130.00 recieved 20/10/06 - FULL SETLLEMENT!

RFS - Settled in full £494 08/1/07

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Share on other sites

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