I took out an IVA in May 2005 as a result of (among other things) excessive bank and credit card charges which I was unable to repay. I was lucky enough to be able to settle the IVA early (June 2008). My question is am I able to go back to the Bank and/or the Credit card companies and reclaim the charges? Is there any case I should quote or legistaltion I should cite.
I beleive you could go back to your bank and put in a claim for excessive bank charges. The case in point was the Court of Appeal decision published last month, bt the Banks are appealing it to the House of Lords.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
You may stuggle to claim against banks, where the debts were effectively written off by the successful conclusion of your IVA - I assume that you did not effect a full repayment to them?