Annoyed!!!

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dev92

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Post by dev92 » Thu Dec 06, 2007 3:30 pm
Can anyone answer this for me, I completed a f&f IVA Sept 07 so in my wisdom decided to write to all our credit card companies and our old bank to make a request to reclaim credit card charges, first direct have been marvellous and sent a cheque to me within 5 days, however Capital One has not, I received a letter yesterday stating that on their calculations they owed me £176 which was great!! but they have credited the monies back to my credit card account, which I found out is still active, after telephoning them I had to input my 16 digit account number and DOB, the automated system told me that the account balance was £588 and credit available was £411, now according to my paperwork from the IVA supervisors I paid 40p/£ to my creditors so Capital One received a cheque for £511.14 back in Sept, shouldn't this account now be de-activated and the remaining debt owed to them written off, I spoke to a customer service advisor bless him who didn't even know what an IVA was!!, I'm a bit peeved to say the least that they have done this, when no other company I was with has, so I put finger to computer keyboard and compiled a letter again, awaiting reply. Any answers????
 
 

Adam Davies

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Post by Adam Davies » Thu Dec 06, 2007 4:13 pm
Hi
Yes this should have been closed and once they received he cheque from your IP the balance written off.It is not unusual to have delayed communication in the large banks and it made me smile about your experience with the customer service rep.
See what they have to say about your follow up letter
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

debbiw

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Post by debbiw » Thu Dec 06, 2007 4:29 pm
Typical! Sounds like a bank to me.
 
 

ray_a

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Post by ray_a » Thu Dec 06, 2007 9:49 pm
This is totally unacceptable!

An agreement was reached and supported by the court as an IVA has to be registered with the court. A proposal was made to all your creditors and they agreed. Given this Capital One are not entitled to place this into their account with you as it should have been closed.

I would report this matter to the banking ombudsman as it is a clear breach of conduct. I would even hasten to add that their charges would have added to the reasons for you entering into an IVA in the first place!

Keep us posted and let us know how you get on with this one.

Good Luck
 
 

MelanieGiles

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Post by MelanieGiles » Thu Dec 06, 2007 9:58 pm
Hmm - I'm not so sure that you are right there boys. There is now a standard modification floating around the marketplace that states that any form of refund receivable from a bank is firstly to be used to off-set against any debt due to that bank. It would be interesting to see this tested, and of course it only relates to newer cases, however time will tell.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Thu Dec 06, 2007 10:02 pm
Ray
Congratulations on your forum expert status,very well deserved and I appreciate all the support you give,not only to this forum,but the frugal friends and debt debate evenings that you often attend.
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

Adam Davies

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Post by Adam Davies » Thu Dec 06, 2007 10:08 pm
Hi Mel
But this is a completed [?] IVA,therefore the debt is no longer valid.If this is allowed then any cases of unfair bank/credit card charges would not be worthwhile post IVA.
I can understand his happening whilst an IVA is in force but not after
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Dec 06, 2007 10:11 pm
Yes I agree, but if the debt is formally written off by the ending of an IVA, I cannot quite see what status there is for the claimant to have a valid claim in the first place. No doubt the lawyers could chew long and hard over this for w while.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
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