I completed my IVA in October 2007 - this was completed early in only 2 years into the IVA. I remortgaged and paid off the IVA amount which cleared the creditors and wrote off the remaining debt. I was quite happy with the result. I am not debt free.
My problem is with bank charges I am claiming from the banks which put me in trouble which forced me into an IVA. I have a third party who is claiming my bank charges for me and most banks are seeming to add the claim amounts to my account (which are all closed. This was closed at the start of the IVA). I wrote to a few of them claiming that I will take them to court if I have to as they are breaching the courts decision and the amount outstanding to them when the IVA finished is zero. I got a response from them and they apologised and sent a cheque through to me.
I am now on another case with the HFC bank and the total charges come out to around £2,300. They have also mentioned that they have charged this off as part of the IVA. Can they really do this? Is this not unlawful? Do I have any grounds to argue this? I have not approached the bank yet as I wanted to get advice first. To Summarise, IVA is cleared, balance is zero. Courts have agreed this. I start a claim for £2,300 a year after IVA completed. They say it has been added to account.
Thanks.
I suspect that they can argue that the claim was a debt due to you at the time you entered into the IVA, and as such ought to have been subject to the bank's usual right of set-off - and as they presumably have suffered a shortfall, that it would not be equitable to refund any monies to you - but legal advice is always best sought on matters such as this.
