Compensation

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Drt89

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Joined: Sat Feb 27, 2021 6:10 pm

Post by Drt89 » Sat Feb 27, 2021 6:14 pm
Hi all ,


So my IVA is due to end in 2 months I recently launched a complaint against one of the creditors included in my IVA and have been awarded £250 compensation .

The creditor is now stating they are offsetting this compensation against my debt even though it is included in my IVA . Can they do this ?

They also decided to put in the letter that I have 10 days to pay the remaining balance !!

I just want to make sure this is correct and they can do this . I know they ant chase the balance as they are listed in my IVA and I’ve sent them proof of this from my recent statement

Foggy

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Post by Foggy » Sat Feb 27, 2021 6:30 pm
They are not supposed to do this, but I have seen it a few times and have yet to see it successfully argued against. It is for your IP to argue / protest / withhold it from the creditors dividend.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

Drt89

Posts: 2
Joined: Sat Feb 27, 2021 6:10 pm

Post by Drt89 » Sat Feb 27, 2021 6:36 pm
Thanks for your response is there any legal stance that can be taken to argue it at all ?

I understand about huge windfalls of course that would need to go to my IVA supervisor to decide but this isn’t a lot and it is only for their failed customer service which led to the debt in the first place !

You could take the matter to the Ombudsman. They will not deal with the IVA aspect, but could rule on the bank taking compensation to offset their own losses when they caused the losses !
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