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Posted: Fri Apr 06, 2007 11:25 am
by ordinary_world
Hi all,
Just a few thoughts I'd like to share and question I'd like to ask.
I've read on a few forums, that when a debtor has reviewed their credit file they've noticed that their debt is much bigger than envisaged - perhaps through numerous charges being applied, a genuine error or perhaps the debt has been sold to some other party.
So, when a creditor gets wind that you're insolvent and going for an IVA or bankruptcy, can they legally apply numerous charges to inflate the debt? ('smash and grab' type behaviour).
Best
OW
- 'I wont cry for yesterday 'cause there's an ordinary world somehow I have to find...'
Posted: Fri Apr 06, 2007 11:51 am
by Adam Davies
Hi
I think that the creditors that you have personal loans with do state the whole amount due,including interest to the end of the agreement,when lodging their claim during an IVA,this has been an eye opener for many on this forum,however credit card companies just lodge the actual amount that you owe plus any costs[legal fees etc].
I suppose that a creditor is entitled to add on costs to cover administration but how they arrive at these fees is anyones guess.
regards
Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)
Please check out my blog:
http://andydavie.blogs.iva.co.uk
View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Posted: Fri Apr 06, 2007 12:16 pm
by ordinary_world
Many thanks Andy, very useful to know.
I've noticed that for personal loans they want the full figure and not settlement balances.
I'll keep my eye out for their 'admin' charges![:)]
Best
OW
- 'I wont cry for yesterday 'cause there's an ordinary world somehow I have to find...'
Posted: Fri Apr 06, 2007 1:12 pm
by MelanieGiles
Creditors will charge exactly what they are entitled to under the terms of their contract with you. Some calculate all future interest for the full term of the loan, but others do not. Dig out copies of your loan agreements and read the small print relating to insolvency to be sure.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk
Posted: Fri Apr 06, 2007 6:09 pm
by ordinary_world
Many thanks Melanie, will check the original agreements.
Beyond the interest for the projected period of the loan are there any other charges they could apply?
Best
OW
- 'I wont cry for yesterday 'cause there's an ordinary world somehow I have to find...'
Posted: Fri Apr 06, 2007 6:28 pm
by MelanieGiles
They may charge late payment fees - but as we all know they are now only allowed to charge fees in line with their actual costs. If they have instructed solicitors to collect the debts for them, then these can also be added to the balance due.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk