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Posted: Thu Oct 16, 2008 4:56 pm
by Rachel198k
--------------------------------------Hello

I'm currently 18 months into my IVA. Just wondering if it would be possible for me to claim back bank charges from any of my accounts?

And if so, if any money was repaid to me, what percentage would I have to pay back into my IVA?

Any help would be appreciated.

Thanks


Rachel [8D]

Posted: Thu Oct 16, 2008 5:02 pm
by Rockin Diner
That would be a classic. Take your bank through an IVA and claim all of the illegal bank charges the have made.

Hope it works for you but I would be surprised.

One of the experts will be along soon to give you an answer.

Posted: Thu Oct 16, 2008 5:33 pm
by emma_t
Hi there

I am sure this would be classed as a windfall and would all go into your iva.

Not sure what the position is reclaiming bank charges yet as it was going through the courts??

Em x[:D]

Posted: Thu Oct 16, 2008 5:53 pm
by PoorbutHappy
When I got sum money back from my bank (after a complaint about lending us money we couldnt afford to pay back, who'd belive it!), all my bank did was offset it against what I owed them.

So technically instead of owing them £13K, I now only owe them £9k

Pity didnt actually see any of the money, but at least I felt the complaint had been worthwhile

pbh

Posted: Thu Oct 16, 2008 6:20 pm
by LoneRanger
Yes I would have though they would just pay it into what you owe. So there claim would be less within your IVA.

I doubt very much you would see any of the money.

Posted: Thu Oct 16, 2008 9:46 pm
by Andrew Graveson
Hi Rachel,

Unfortunately the bank will have the right to offset a successful claim against any monies that might be owed to them. If you owe this bank more than the value of the claim you will almost certainly not receive a cheque.

There are however examples of individuals who have made a claim anyway as a matter of principle.

As things stand the bank will not have to investigate the claim/complaint as the FSA have allowed them to bypass the usual procedures until the Courts have determined whether or not the charges actually are unfair penalties in law.