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Posted: Fri Feb 16, 2007 2:16 pm
by kidd
hi melanie,
as you know i am 3yrs into my iva, I would like to know if it is possible to claim back my bank charges as they formed a large percentage of my debt.
this has been brought to my attention because of all the recent press coverage regarding illegal bank charging, some people have had 6 yrs of charges refunded.
thankyou.

Posted: Fri Feb 16, 2007 2:26 pm
by MelanieGiles
Yes - you can certainly have a go. One of my own clients just got £4k back from Lloyds TSB!

The bank will then just reduce their claim in your IVA, but that will mean that the saving can be shared by all creditors.

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 Feb 16, 2007 2:37 pm
by freelili
Do you have to be in some insolvency proceedure to claim back bank charges, or can anyome do this?

LILY

Posted: Fri Feb 16, 2007 2:40 pm
by MelanieGiles
Lily

Any one can do it under the Unfair Contracts legislation.

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 Feb 16, 2007 3:03 pm
by freelili
thank you. Maybe I will look into it to try to reduce my totals to HSBC.

kind regards

LILY

Posted: Sat Feb 17, 2007 1:33 pm
by PoorbutHappy
Lloyds TSB, 4K, Your client...might be me

If so that wasnt because of Bank Charges ....that has yet to come.

This was because I complained about their inappropriate lending. Pays to complain I guess.

Fighting back......

10th month down...only 50 to go

Posted: Sat Feb 17, 2007 2:12 pm
by MelanieGiles
Give me a clue - do you live in the South West with the initials AM?

Can you tell our other posters the reasons behind your claim, so that they can all benefit from your experience.

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: Sat Feb 17, 2007 4:39 pm
by PoorbutHappy
Darn I been tracked down. Anyway IVA started in May 2006.

I've sent the paperwork back today so my Lloyds debt will be decreased by £4,108.93

As part of the IVA we (IVA just in my name but naturally wife fully aware of the situation) naturally looked back and where and how we ended up where we are now.

Looking back I now realise I should have taken an IVA in 2003 when we sold our house and realised £40,000. Instead we coped...well for a couple of years.....mainly due to the fact that Lloyds happily gave me a consolidation loan (bless em!) of errm 24K I think it was. At the time I wasnt working, as we had just moved to Devon from up North. They also "helped us out" with loans to my wife (and hers fell into the misselling PPI category too).

In October 2006, Lloyds starting getting all shirty over our joint account.

That annoyed us so much that we fired off a complaint to them. It was a bit of a rant (from now on referred to as the "rant letter"). We wrote to the branch, where as far as we are concerned, the account is held. It seems that they either didnt get it (errm not likely) or ignored it.

Anyway they didnt get back.

In January, we came across the Finiancial Ombudsman (http://www.financial-ombudsman.org.uk/). Something offical. Simple form. Free to complain. We raised around 6 points in the rant letter, so thought we would happily turn on the bank over the next few months. A complaint a month we figured would annoy em.

So my wife lodged a complaint over her treatment with repect to our joint account. We enclosed various annoying letters from the bank, and the rant letter (as proof we had been in touch with the bank). Basically we were arguing over £500. We didnt expect any joy (the rant letter was a bit OTT really), but figured it would cost Lloyds money to deal with.

Anyway the bank got back to us with a standard letter, might take some time to investigate bla bla bla.

Two weeks later, Lloyds responded. However they didnt respond to the £500 FSO complaint, they responded to the rant letter!

Our situation was totally of our own making bla bla bla. However, "As I believe your loan was unaffordable I would like to refund the interest" bla bla bla......4K thank you very much.

Anyway this resolves the rant letter fully :(

Just glad the rant letter didnt mention unlawful bank charges! They next on the agenda.