A question if I may...

[glynisd]

Hi all

 

I'm fairly new around here - I've been lurking for a while but have only just started posting so please bear with me if I appear a bit dense on occasions.

 

I have just begun to wage war on Smile and Lloyds TSB to (hopefully) recover my own charges and I am now about to wage war on the Halifax on behalf of a family member who has been stung with ridiculous charges on both his current account and his credit card.

 

I've had a good read in the appropriate forum areas and have read the FAQs but so far I haven't been able to find the answer to this question:

 

My family member is currently on a DMP (debt management plan) and the banks concerned are among the creditors being repaid on said plan - is he still eligible to pursue those banks in respect of unfair charges? Even though he has debts with those banks, the charges were still unfair (and, in some cases, have been instrumental in him getting into financial trouble in the first place)...

 

I have assumed that he can make a claim for the unfair charges but I just wanted to make sure before I advise him to start the ball rolling...

 

Thanks.

 

Glynis

[spackie]

give it a go you have nothing to lose.

it is all money he has had to p ay out or add to his list of debts!

[colour-me-happy]

Hi, you might want to have a look at this thread, it seems to be relevant to your question.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=9704

[colour-me-happy]

give it a go you have nothing to lose.

 

Not strictly true, the creditors could become difficult in accepting repayments that have been offered.

[Bookworm]

Yes.

 

However, whatever money gets refunded will probably have to go in the pot to repay creditors, or even just repaid into those bank accounts where he is in debt, but that's still helping getting out of debt.

 

.

[blinkyblinkyblonk]

hi

i read this post with interest as i am about to embark on a debt management plan and because of the ridiculous charges the halifax have brought about have made them go on it in the first place! (halifax are one of my creditors).

however I have treated them separately at the moment, the halifax is on my dmp and i have sent the letter before action to them, if you are already paying them i dont see a problem, as somebody suggested it does reduce the debt in the end if they were to pay it straight into the account, if they send you a cheque you have the opportunity to decide. i wait with interest to see what they are going to do with my case as they have now shut my account, but when i had the gesture of good will there is a box to say pay into account or pay by cheque, im waiting with baited breath,

 

hope this helps in some way

 

good luck with yours

 

power to the people:)

[glynisd]

Thanks everyone. That's been very helpful.

 

We didn't want to rock the boat with the DMP but, at the end of the day, he only has so much surplus income each month and, no matter how awkward the Halifax get, he can't be forced to pay more than he has.

 

I think it will be worth a try, as you rightly say, it will reduce his debt if nothing else and the debt has been mainly caused by ridiculous charges.

 

I'll keep you posted and thanks again:)

 

Glynis