Currently in an IVA. Can I get collection charges refunded for separate payments ?

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Stephen.27

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Post by Stephen.27 » Thu Jul 21, 2016 3:52 pm
Currently in a iva will be 2 years come March 2017 what's bugging me is I pay a separate payment to reestons for a loan I defaulted on with hfc was taken to court and a charging order put on home will be finished Nov 2016 but it still rankles with me that on statements shows that I have had collection charges added totalling 2353.92 and asking if I can apply to get this refunded through the proper channels
 
 

kallis3

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Post by kallis3 » Thu Jul 21, 2016 3:56 pm
Hi,

Just wondering why this wasn't included in your IVA?
Sharing from experiences of dealing with debt
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ginger323232

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Post by ginger323232 » Thu Jul 21, 2016 4:16 pm
My understanding - is the charging order was in place before the IVA ???
Suppose you would need to look at the orginal term and conditions of the loan - to identify how they have applied the charges.
Unless you could make a case of unfair charges and term and conditions, the only way way i see would be to their good will.

I can imagine the company would have run up a lot of legal fees and collection fees
Last edited by ginger323232 on Thu Jul 21, 2016 4:18 pm, edited 1 time in total.
 
 

Lisa Thomas

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Post by Lisa Thomas » Thu Jul 21, 2016 4:33 pm
I presume the charges are attached to the debt and therefore secured against the property?
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
 
 

Michael Peoples

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Post by Michael Peoples » Thu Jul 21, 2016 4:50 pm
HFC did have some hefty charges when cases were referred for collection and on to their solicitors. They do not have the monopoly on this though as others do the same.

There is little your IP can do as the debt is secured so perhaps take Ginger's advice and see if they can justify the costs. I cannot see how it is fair to whack huge charges on unless these are actual costs incurred by the lender.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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