Jump to content


  • Tweets

  • Posts

    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
    • Ultimately, when systems wobble, there is little that can be done - except wait for a fix.View the full article
    • The ready-made drinks are at the heart of a labour dispute that saw thousands of Ontario liquor board workers walk off the job.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 162 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Can i claim charges after my IVA has finished? (early)


smithdp
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6387 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

Hope you can help!

 

I started an IVA in May 2004. I have recently completed the IVA by way of a full and final settlement 2 years 7 months early.

 

Can i claim back any bank charges from the last 6 years?

Even though some (or all) of these would have been included in the IVA?

If I did claim them back (and won) would they be mine to keep?

 

Looking forwrad to your answers

Link to post
Share on other sites

If you have paid all your creditors in full and owe nothing to anyone, then of course you can keep and charges refunded to you. Why should a bank keep any of it?

Did you pay 100% of what you owed to creditors?

Did creditors include some you are reclaimg funds from?

Link to post
Share on other sites

I didn't pay back 100%. In fact it was about 28% after fees

 

All of the banks i would be claiming against were bound by the IVA

 

But.... as the IVA is now finished. I don't owe anything to anyone.

All the debts are fully 100% satisfied.

 

Some of that debt, will be the chrages i would reclaim.

 

If i had paid the debts in the normal contractual way, claiming the charges after the event would be the usual situation.

However, my debts are paid in full (all be it by a legal IVA agreement) so claiming the charges back is only fair.

 

What is also only fair, would be for the banks only to give me 28% of my charges back......i think

Link to post
Share on other sites

I didn't pay back 100%. In fact it was about 28% after fees

 

All of the banks i would be claiming against were bound by the IVA

 

But.... as the IVA is now finished. I don't owe anything to anyone.

All the debts are fully 100% satisfied.

 

Some of that debt, will be the chrages i would reclaim.

 

If i had paid the debts in the normal contractual way, claiming the charges after the event would be the usual situation.

However, my debts are paid in full (all be it by a legal IVA agreement) so claiming the charges back is only fair.

 

What is also only fair, would be for the banks only to give me 28% of my charges back......i think

Link to post
Share on other sites

I have paid back more than 28%, but that is the creditor's cut AFTER fees. My contributions equal over 50% of the original debt.

 

Yes, I have done well out of it, as you point out.

But....If i'd reclaimed all my charges before the IVA (or never been charged them in the first place!), my original debt would have been say 20% lower, so I would have had to have paid 28% of a lower amount to get myself debt-free. I reckon that would have saved me around £5K on what i have paid back.

 

As for being discharged from my IVA early, that doesn't happen. They run for 5 years unless you come to a full and final arrangement (or they fail)

Thankfully i have generous parents who lent me £11K to get it all finished with!

Link to post
Share on other sites

How come I seem to be the only person who repaid all of his IVA creditors 100% and within 4 years? :(

And the huge fecking pound of flesh the supervisor took -approx 30% over and above the debt owed!

And we talk about the bank being self centered profit mongers.....

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...