You should have no problem in re-claiming once the House of Lords upholds the Court of Appeal decision.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
It will be interesting how this pans out - one of our creditors is Barclays - about £800 - we turned down £800 from them last year to settle as we worked out that they charged us about £2000 in charges over the last 4 years
If you are in an IVA agreement with them as an agreed creditor - can you still then claim back these charges if the banks loose the case - I have HSBC as well who would have to pay a few hundred pounds back - I appreciate that it would be deemed as a windfall and would go into the pot - but would be nice to just get the money that was owed
If you are in an IVA and they are one of your creditors and the IVA has not completed and if they pay back anything it will reduce their claim in your estate and all other creditors would receive a bigger dividend.
Last edited by David Mond on Mon Apr 06, 2009 2:58 pm, edited 1 time in total.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
with the new lords appeal now been agreed - this will most likely stretch into 2010 - and I dont see the banks rushing to pay anyone back - they will probably deal with the 60 000 odd court cases that are already in the system
Hopefully I will be a year into an IVA by then - so will take a judgement when we have the final ruling . It will probably not be worth the stress and hassle to go after the old charges - especially has by then I will be in an IVA
I think the House of Lords will hear the case early as it is in the public interest.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
