Need some advice please!!!!

[adam090376]

Hi All
I wonder if you can give me some advice. Several months before I entered into my IVA I asked a acompany to help me claim back my bank charges. Since then of course I have enterted into an IVA and we have had the bank charges in the high court.
Now I have had a letter from my bank making me an offer of £1,621.00 which will be sent direct to my IP. I have no problem with this as I am in a IVA and so accept that I wont receive anything from the offer myself. Howeve the problem I have is that the company that processed my claim will need to be paid.
Being in an IVA I do not have this sort of money to pay them so I was wondering would my IP be willing to pay them from the offer money?? I can provide the IP with the invoice from them. The way I see it is that the company have done their job so should be paid from the offer and the rest should go to my IP who deal with the balance so my creditors are getting more money as well.
Look forward to your advice.
Thanks

[MelanieGiles]

It would seem fair that the company who represented you be paid out of the claim proceeds, but discuss this with your IP. It is interesting that the bank are going to send you the money, rather than reducing their claim in the IVA - assuming they do have one of course.

[adam090376]

Hi Melanie
Thank you for you reply. I wil call my IP and discuss the payment of the company with them.
With regards to them sending the payment to My IP rather than reducing the IVA claim. The offer of the refund was from my bank account which wasent owed anything at the time of the IVA, I did however have a credit card with the bank and this was inlcuded in the IVA. I guess that at the end of the day the way to look at things from my point of view is that I have paid a little bit extra back to my creditors and so long as my IP is willing to settle the claims company invoice then everyone has gained a litle extra(Except me of course).

[adam090376]

Hi All
Just to update you. I have spoken with my IP Accuma and they have said that instead of the whole amount of bank charge refunds being sent to them. Get the bank to send a cheque to cover the claims company charges and any other costs then get the balance sent to them and they will treat whatever the balance is as a windfall.
Sounds fair enough to me. The only annoying point is that if I hadnt picked up all these charges every month I might not have had to go in an IVA in the first place.