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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
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      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • tedney
      HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

      By tedney · Posted

      I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • FTMDave
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By FTMDave · Posted

      Open.
    • jk2054
      MCOL help not being paid for job

      By jk2054 · Posted

      did you submit your directions

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Reclaiming bank charges with existing IVA Practitioner says they are mine... Is this right?

Isiris
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Isiris

Isiris

Posted
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My wifes sister in law has an IVA which I didnt know. She cam to me after a do over xmas where It soon got round I had reclaimed my bank charges.

 

She came over yesterday with her IVA (Nuttalls) and I told her I am not in any way au fait with how these work. I spoke to this woman at Nutalls and said if I go the money back from her creditors (4000 Nat West CC 3700 Nat West CA 5400 MBNA CC + others) would the banks have to pay the money into the supervisor then distribute the funds pro rata.

 

She said no, they could just offset this against the origanal amounts and then they would re adjust the payments pro rata and accordingly.

 

Now I have read somewhere about this being incorrect but thought I would start this thread for discussion. I am basically thinking Nutalls dont want the hastle that all this would cause them. I actually asked if they had asked for the original credit agreements but they seemed surprise I knew anything about this.

 

Could someone advise what they think OR EVEN BETTER a link to law where this is covered.

 

Many Thanks

ISIRIS'S WIFES SISTER IN LAW

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Isiris

Isiris

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Thanks for that

 

I just wanted to see the actual rule. Nutalls just seemed to be oh sod that, sounds too much like hard work.

 

Anyone else any views ?

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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gizmo111

gizmo111

Posted
Posted

Botom has linked you to the most popular thread on IVA's. How much is her IVA for in total - someone else was hoping that the amount they reclaimed would be sufficient for them to make a lump sum offer to pay off IVA. AFAIK a creditor cannot take money it has to be distributed amongst them all.

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Isiris

Isiris

Posted
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Posted

WOW

 

Many thanks for that chap/ets

 

Her IVA is for 86797.46

 

Without saying who there are the following

 

Credit Cards 15744.07

Current Acc 6539.74

Store Card 6779.39

 

These are the ones I would have been looking for her. I will have a look at the link you gave then probably write a letter to the Practitioner and asking them to confirm what they said in writing.

 

Again, many thanks and the scales have been tipped

 

Well them links were good.

 

Had a look round and telephoned The Insolvency Service and asked them what they thought, now because this IVA does not cover After Acquired Property (This when you thnk about it was probably to protect her), the creditor, in his opinion, can offset the money against his debt.

 

The IVA form I have infront of me, does not make any stipulation for example, if she received 50k from inheritence.

 

BOO HOO

 

Hang on, Hang on

 

It says, Third Party Propert

 

Should I receive and Windfall, Asset or Inheritence during the course of the arrangement, the supervisor is to be informed immediately and such sums paid into the arrangement up to the value of outstanding costs and creditors claims, in full, plus statutory interest.

 

Any views on that please

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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gizmo111

gizmo111

Posted
Posted

Are the amounts above the IVA totals? Or the total of charges to be reclaimed?

has she paid mortgage ERC's.

In the link above the IP agreed that it was a windfall and 50% would be distributed over creditors.

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Isiris

Isiris

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Dont worry gizmo

 

I havent been sat here waiting for a reply.

 

They are the totals for each grouping, IE Credit Cards, Store Cards and Overdraft.

 

I would evisage that 20% of the total will be charges.

 

Just the IVA practitioner does not see the banks paying the money and they said they would just offset

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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gizmo111

gizmo111

Posted
Posted

But they don't add up to 87K?

I don't thinkthey can offset on their own debt once a formal arrnagement has been entered into - each creditor has to be trreated fairly.

What was her % that the creditors agreed to on her proposal and how long has she been in IVA?

I am thinking if she could reclaim charges and it was a reasonable amount she may have a case to pay off IVA with lump sum.

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Isiris

Isiris

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VERY SORRY

 

There are a few personal loans that make it up to 87k. Sorry bout that.

 

Right, got you

 

Its 24p in the pound from what i have seen. Been in the IVA for about 6 months.

 

Giz, thanks for this (and BB). I have no idea about this so thought I should ask

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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gizmo111

gizmo111

Posted
Posted

Unfortuneatelyu there will not be enough to make a reasonable offer to finish IVA at this time.

I would go back to IP and see if you can 50% agreement on repayment of charges. Your SIL would still get back a fair amount if it coul dbe agreed. Otherwise not much point.

Any charges on the loans to be taken into account?

 

Oh and no need to apologise

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Isiris

Isiris

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Giz

 

Im going to ask you a massive favour and understand if you cant.

 

Would you mind drafting me a letter to send to the IP. You obviously know 999% more than I do on this and do feel out of my depth.

 

I would like to basically say we are going for the full amount but we would ask that anything we recover would be split 50% to her, 50% to the plan (That is how I read what you are saying, I may be wrong). I would need to include the third party bit that is in the IVA plus the advice that they originally gave me about the creditor just offsetting the debt

 

If you cant, NOo problem whatsoever and excuse me for asking (But there is another scale tip in it for you lol)

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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gizmo111

gizmo111

Posted
Posted

I'll do anything for another shiny pip;)

 

Won't be tonight - either tomorrow night or Sat morning if thats Ok?

 

Giz

 

Im going to ask you a massive favour and understand if you cant.

 

Would you mind drafting me a letter to send to the IP. You obviously know 999% more than I do on this and do feel out of my depth.

 

I would like to basically say we are going for the full amount but we would ask that anything we recover would be split 50% to her, 50% to the plan (That is how I read what you are saying, I may be wrong). I would need to include the third party bit that is in the IVA plus the advice that they originally gave me about the creditor just offsetting the debt

 

If you cant, NOo problem whatsoever and excuse me for asking (But there is another scale tip in it for you lol)

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Isiris

Isiris

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Hip dip dog lip

 

Thanks very much. Whenever you can, no problem

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • dx100uk changed the title to Reclaiming bank charges with existing IVA Practitioner says they are mine... Is this right?
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