Hello
Although this is all fairly new territory as the refunding of bank charges have only recently come to forefront, if you enter an IVA and then claim your bank charges back I would expect that either (i) you will have to put all monies towards your IVA i.e. hand the monies back to your creditors or (ii) you will be declined on the premise that in your IVA you are unlikely to be paying all the money you owe back to your creditors and thus they will simply deduct the bank charges refund from the money you owe them.
Similarly in Bankruptcy I would doubt that you would be offered a refund if you had already gone bankrupt as the banks would say that they had simply deducted the money from the amount you owed. If you were to claim your bank charges back with the intention of paying all the money back to your creditors and then after you received the refund you decided that bankruptcy was the correct solution for you then I would say that that would be reasonable.
Best Regards
Oliver
Thomas Charles and Co Ltd.
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