Claiming back bank charges in an IVA

[mitzymay]

Hi,

Can anybody help, I started my IVA in November 2006 and have just received my last 6 yeasr bank statements from Natwest. Theya re one of my creditors in my IVA but according to my statements I am still being charged fee's for none payment of D/D up to March this year and also interest charges am I able to claim these back or only fee's before my IVA started. I was under the impression that the IVA stopped all interest charges on this account once they had agreed the IVA terms. I'm a little confused now??

Any advice grateful

[Oliver]

Your IVA will have protected you from any further interest or bank charges to all debts included in the proposal so this is the banks error. Talk to your IP about this and they can sort this out for you.

With regards to claiming previous bank charges back whilst in an IVA, this is very new territory. I suspect that the banks would simply deduct this money from the amount that you owe them and this would have little benefit to your IVA. There have been two recent court wins for the banks on this matter within the last month so this might be a moot point anyway.


Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

[tpjava]

Hi There!!
I have recently received over £1000 back in bank charges for the last six years and recommend anyone / everyone do the same. It is a very simple, painless process, sure the banks put on a bit of a front with BS letters saying all charges were legal but the bottom line is that under legislation passed in about 1999 it is illegal to charge a disproportionate amount for going overdrawn, bounced cheques e.t.c. and as it has been proven that the cost to the banks for making these penalty charges is about £2 they know they are in way over their heads.
There are no legal guidelines yet as the banks are desperate to keep out of the high court but you make a claim through the small claims court and you then pay no fees if you did lose. There has been millions returned by the banks and only 2 cases to date where the banks 'won'. One because the guy didn't turn up to the court on the day and the other because the judge tried to make a name for himself as the first judge to say no. In this case a top barrister has looked over the case and noted that the man should win if he takes the case to the high court. It must be noted also that the man in question had already received an offer from the bank to settle out of court but said no and didn't turn up to the court on the day properly prepared. The banks are running scared as so many people are receiving six years worth of bank charges PLUS interest. There are many online resources on claiming back bank charges worth looking at.

Hope this helped a little.

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