Told by IP it could take 16 weeks to get overpayment back. Can they do this ?

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Shining

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Post by Shining » Thu Aug 06, 2015 8:26 am
Probably an oversight on both parts, I would just chase that refund as that will be a nice bonus for you that you weren't expecting.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

thisusernameistaken

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Post by thisusernameistaken » Mon Aug 10, 2015 1:05 am
If they DO take 16 weeks I'm reliably informed that statutory interest rates are 8% per day so I'd be informing them that you will be adding this amount on a per-day basis to the amount they owe. Oh, and a 'supervisory fee' for administration, IT, postage etc...

They can't have their cake and eat it and it does NOT take 4 months to issue a refund!
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Aug 10, 2015 10:42 am
Statutory interest is calculated at 8% per annum, not per day (but it is usually calculated on a pro rata daily basis). Also this interest is based on payment to creditors. Not the same as interest that the IP might have earned on the money whilst holding it in the IVA account. Worth a shot though...
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

doritos

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Post by doritos » Mon Aug 10, 2015 8:27 pm
Look into CCJ'ing them.

bring the fight to them
 
 

thisusernameistaken

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Post by thisusernameistaken » Mon Aug 10, 2015 8:31 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Lisa Thomas

Statutory interest is calculated at 8% per annum, not per day (but it is usually calculated on a pro rata daily basis). Also this interest is based on payment to creditors. Not the same as interest that the IP might have earned on the money whilst holding it in the IVA account. Worth a shot though...
Apologies - late-night posting, and my tongue was a little in cheek..
 
 

Ginger.666

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Post by Ginger.666 » Tue Aug 18, 2015 8:53 pm
Today I had a response to my email which said , further to your emai, I can confirm that we would look to refund any monies due during the closure process. We would aim to send a cheque to our clients with the final documentation in regards to any refund . Should this cause any issues, please devise so that we can look to see if we can refund any sooner. Please note it would be in exceptional circumstances .
 
 

Shining

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Post by Shining » Tue Aug 18, 2015 11:22 pm
That doesn't particularly tell you anything in my humble opinion. If they've agreed the amount of refund they need to write a cheque for said amount and get it to you.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Ginger.666

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Post by Ginger.666 » Wed Aug 19, 2015 5:56 am
They didn't agree a amount just any overpayments would be refund . Which is 7 months @ £420.00 .
 
 

relieved33

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Post by relieved33 » Wed Aug 19, 2015 8:00 am
I counted down every payment andkept a spreadsheet of monies paid (think that was your idea Kallis).

I am quite prepared to be shot down for this, but it's your iva and your standing order. You gave them the money over a seven month period so it may take time to confirm details.

It perhaps serves as a reminder to all to keep track of payments and balances etc to avoid future complications.
 
 

kallis3

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Post by kallis3 » Wed Aug 19, 2015 8:36 am
It was probably Lesley who said about the spreadsheets as I can never master them!!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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lifenoteasy

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Post by lifenoteasy » Wed Aug 19, 2015 8:47 am
So basically what they have stated is that if you had not realised a mistake was happening that 1) they would have kept on taking the money and 2) they had not actually started the closure process.

I'd suggest write back and state that a further 16 weeks is unacceptable given that they already had 7 months in which to process the cc.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

relieved33

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Post by relieved33 » Wed Aug 19, 2015 9:52 am
It was a standing order lifenoteasy so they were not taking the money, the poster was giving the money.

If I randomly sent you money, that's not your mistake.

I do agree that closure seems slow.
 
 

lifenoteasy

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Post by lifenoteasy » Wed Aug 19, 2015 9:59 am
If I get money into my business account that I was not expecting I would query it.

It is also part of their job to ensure that money collected is up to date and to reconcile that against accounts.

Right and wrong on both sides but they have added 4 months to a situation where it appears nothing had been happening.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

kallis3

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Post by kallis3 » Wed Aug 19, 2015 10:02 am
I agree that the poster was effectively 'giving' the money but the IVA company should have told them that they didn't need to pay anymore so the poster could cancel the SO.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

relieved33

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Post by relieved33 » Wed Aug 19, 2015 10:24 am
I guess my point is that it as it was my iva and my money, I contacted Cleardebt when I knew I was coming up to my final payment so that they could reply to my email confirming that my payments could cease.

I think the iva has definitely taught me to be more responsible and aware of my finances. I still check the bank daily, check utility bills etc even though we are now complete.

If people can keep track of their own payments and dates etc, it's their money they are lolooking after.
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