what? Im sorry to dissapoint you but I did run outa oil cos I couldnt afford it! Have you been drinking or something? Never mind

Hiya again - I was laughin again and the my hubby asked me what was so funny...told him `its a long story but never thought the tax man could make me giggle so much!` Well - guess what I`m in the same place haha...ran outa oil and had to light the fire...now I`ve got oil again I`m able to venture a few rooms at a time lol So - I`ve got the letter and can tell you what it says (just think we could`ve kept this goin for ages and probably wouldve been banned from posting here cos we`re havin tooo much fun:roll: So here goes - first letter Aug 08 `records indicate that you have already recieved tax relief for 2002-03 as a paye assessment was carried out 2 October 2003 which resulted in a repayment to you` Please note the time line for submitting a claim for the year 2001-02 has now expired as the deadline was 31 January 2008` then it said he would look into it further Next letter - 10 October 2008 `I have now completed my enquiry into your claim for childrens tax credit income tax relief for the year 2002-03` ...blah blah blah - and a statement of a right to appeal within 30 days So I m happy enough that he checked it for the years for 2002-03 - but you`d think he couldve humoured me and even just looked into the year previous...dont really know what to do next about this...will have to do a bit more googlin now the snows stopped lol - by the way its -2 here tonight:eek: valerie

Haha you gave me a laugh there - it does sound funny...found the letter but its not beside me so Im not gettin up from the heat again - btw Im laughing so much that my 7 year old is asking me whats so funny - which is makin me laugh even more :grin:

Hehe - no lol Ive the pc only and its in the living room where the fires lit...Its freezing here in Northern Ireland ya know - especially where I live in the mountains (well a bit of a mountain - more like a hill) but its snowing and icy and I like my comforts too much - must still go and look for that letter though:)

Hiya Martin Lewis website has a benefits section entitled `does the tax man owe you...` I tried to copy and paste it here but it wouldnt work for me :-! Anyway theres a member suggested s.32 of the 1980 limitations act being quoted in relation to our rights...will google and see if theres anything wlse when I find the letter...too cold to go looking for it at the minute - its freezing

Hiya again - I must look for my letter now...I think it said that payment was made through tax credits for one of the years we asked about and that the cut off date was Jan 07 for the other one so they wouldnt even be looking at that...will have a look later and let you know...I read somewhere ages ago too on the web about the possibility of taking them for breaching some right - will have to find where that was too

hiya - Our letter said it was too late to claim that year too, and it was paid for the next year we enquired about...looks like theres nothin else we can do

I`ve not heared anything either - goin on 6 weeks- looks like all the tax offices are taking forever...

Hi- just letting you all know that Im I sent a letter (northern Ireland), 3 weeks ago recorded delivery, and still nothing...will keep up with the posts to see whats happening

Hi - have been looking around and hope to get some advice on a debt with AIC (RBS)...could someone advise me on what to write in a cca letter to these people. I was in an IVA - which apparently didnt include them (another dispute I`m having with my IP)...Anyway I never heared from these people in over 2 years about money owed(which I thought was settled and wasnt)...It wasnt till I contacted them, in good faith, assuming they were part of the IVA to ask them to update my credit file for experian and it wasnt till I done that - then they started to harrass me for the debt. To summarise..I have been in contact with Tesco(RBS) and their collector AIC and they just wont listen to my points...i.e. why did you not respond with the information of the IVA and why are you only coming back to me now after more than 2 years, I never heared a thing??? I thought maybe if I sent a CCA letter that I would see what happens after that! Am I fighting a losing battle or is it worth a try? Thanks

Hi again - sorry for confusing you MTM... No - the £1900 wasnt witheld...say no more( It was before the clowns `realised` about the IVA...Thats what I mean - I`m quitting with this one while I`m ahead - I dont want to encounter that judge again , and yes the IVA is over (thank heavens)... I`ve learnt a very good lesson about the dates relating to the IVA...thing is, I felt the need to call in and see my IP after the court experience, I was told by them to go ahead with the charges in the first place, so I wanted to let her know what pitfalls her other clients might come up against (i.e with their dates) Though she still agreed with me...ah well - its all a learning process - just trying to get ccjs removed now that shouldnt`ve been put on cos an interim order was already in place by the High Court at the time of their entries...There`s a lot of tidying up to do after our IVA - Thanks for your help and advice - it all makes a difference:-)

Hi eggopp - yeah I`d been thinkin that too about if they close everyones accounts but theyre only being nice now with this cos we`re able to claim 200 quid if they close them(this is turning out to be a bit of a full - time job ) Hope your spaniels okay and the pups(ahhhh)

Hi Lori and well done - its such a feeling we get when we win ! Keep on goin with any more you have !Vee

Hi Milktrayman - was wondering where you went to (haha) as long as you were enjoying yerself - thats what matters! The £1900 was a reclaim of charges I got in October (before they were as well clued -up) ...It was seperate and paid out in full before Nationwide realised an IVA had been on the go (in NI and the most I can claim at small claims is £2k - the general concensus at the time was to split the claim, and the £459 I went for last week was the remainder of the 6 years unlawful bank charges)This was on the Flexaccount alone BTW ...I havent even got to have a look at the credit card charges yet,,this one really did throw me and that horrible judge - BUT I will go on to claim the other charges from other palaces...am still chewing this one over though I do think Im beat `cos of the dates and what I was accused of...Whats your opinion(pleese)!?Vee

Thanks Shirlene - I was also horrified!!! Thing is - They may have got me by the proverbials because as I`m just about to explain to Milktrayman,- They could do me worse if I went back for not declaring the last refund of bank charges which was in the middle of the IVA...Vee- But thanks anyway.x

Hi jaybee, (thanks am trying to get a name change here at the moment with no luck so far:-0) I`m NOT saying DONT claim back - make sure you look into the date your IVA started and the dates on your schedule of charges...you could also ask your IP what they think (although mine thought I was right even if the judge didnt!). No-one expected this to come up in the court(not even the defendants solicitor) so, if you know what you may be up against, you could still claim with your arguments for the dates (if they were to arise!) It all depends on your own personal situation...and remember there was a whole lot of other complications with this claim to begin with... Think about it carefully before you dismiss the idea of reclaiming.

Hi Jaybee, (thanks Greenie for suggesting my link!) First of all I`m a she (but youse werent to know that:-) My nationwide debt WAS included in the IVA - but Nationwide failed to send my IP a `proof of debt` form, so were too late to get their money owed (if the meeting goes successfully all creditors have to claim their debt within 28 days) So altough Nationwide made an error and didnt claim their money, under the Insolvency order they have to be legally bound in the said IVA. (like ANY IVA creditor who does get money) Still what the Judge at the court was accusing me off was that, whether Nationwide got their money from the IVA or not ( he aknowledged that they were legally bound by it under the Insolvency Order),I had knew of the Bank Charges I was intending to claim for on the 1st date on my schedule of charges which was May 2006,when (he said) if I knew I was owed money off someone before the IVA came into place I shouldve given those figures over to my IP to be included as an asset in the IVA, and as a result, I was in the wrong for asking for it back... But not to worry...I still DID recieve a refund of charges on my first claim from Nationwide and as I`ve pointed out before just watch those dates folks (cos I didnt:-))

Hi a few people will have followed this thread concerning a claim after an iva - thought I`d just make it clearer to see http://www.consumeractiongroup.co.uk/forum/nationwide/63949-big-problem-here-help.html Its the process I have been through with Nationwide...and some pitfalls!!!

OMG eggopp I`ll be talkin to you 2morro...Ive had a couple of glasses of wine to numb my emabarrassment and pain(smiles) but I cant believe you feel so strongly... let me finish the wine and sleep on it.I`ll pm yu 2morro.Thanks so much BTW

Thanks again LORI (and EGGOPP) you have jumped once agin into my thread and gave to me some positivity( Its all in a days work but this claim , although I was dreading the court awhile ago became insignificant when I look at other stuff goin on - which is good cos I think it`ll make me take all future claims more in my stride! ive been to court now - I know what to expect - Hubby said that I fought my corner well...He thought that the judge had made his mind up before I even sat down the first time because outside when I was explaining to him in front of these people ( at first) that I had been involved in an IVA he asked me ¬what is an IVA then?` - like tryin to patronise me (maybe I`m just supersensitive) willl PM you in a day or 2 hopefully eggopp(thanks)

hi Eggopp - sorry bout that - have been on the phone all day will concerned people (family) all wanting o hear the biz! Youve definately got a better case than me and i think you`ll be fine... This has just taught me a lesson that I need to be wary off because of the IVA and what angles i.e. pitfalls I need to look out for ...my voice was hoarse from Friday as well(laughs) Morale of the story... Dont go to a concert and lose yer voice 3 days before court(haha) Its been a crap weekend because we voluntarily sold our house to go into the bloody IVA that gave me the Nationwide problem (today), Me and hubby (on Fri) recieved a letter from the guy that bought our house (to create the IVA in the first place) to tell us that we have 28 days to move! Can it get much worse??? yes there was worse that I`ll not go into ., but lets put it like this "im now feeling the effects of now having the Iva (at first I felt negetive but I`m positive again) Hopeyou dont mind but I put out a few little benefits of having an IVA This is my story no credit, no cheque book no cheque card, no store card, no loan , no hire purchase, no mortgage, no 2nd mortgage (and I`m sure theres others I cant remember) Oh !!!And if you count the business we had: no accounts no business loan no busness debit card no lease no rates no rent no overheads no staff (though I did like them all ) no... others that dont spring to mind I do feel a bit insecure...but remind myself that thats not insecurity...thats bravery for going into one in the first place:) AND YOU CAN ALWYS LEARN FOR THE NEXT TIME LETS ALL REMIND OURSELVES OF THAT!!! wHADDYA THINK ?lol THOUGH I DO MISS MY CHEQUE BOOK:(

will get back 2 you later am onb phone!

BTW...I had already won £1900.00 off Nationwide (glad I didnt tell the judge that-eh)lol

Hi folks - sorry if its taken me a long time today to let you know what happened but unfortunately the case was dismissed!!! Heres the story... Arrived in time and was brought into a room with a lot of other small claims. The judge asked me why I was there if I`d already been paid the charges and I briefly told him about the IVA. He then suprised me with the introduction of Nationwides acting solicitor - who I wasnt informed was attending BTW.Anyway he asked me and the solicitor to go into a room and try and resolve the matter. We went into athe room and I have to say the solicitor was very nice (though I was cautious) but he said that he knew nothing of the IVA and couldnt see why I shouldnt be refunded a cheque. (sounds good so far I know but them this is what happened) He needed the authority of another Nationwide legal colleague and phoned him but couldnt get him on the phone! By this time the judge called us again and we had to go in to the hearing and the judge therefore would decide..The judge was a real ****er as he accused me off making the claim intentionally 9 days after the end of the IVA and therefore was trying to `fleece the system`(my words). Nationwides solicitor actually told the judge that bank charge claims were relatively new and he didnt think I was trying to act in this way but the judge disagreed with HIM then and said that because the first charge on my schedule of charges was in May 2006. before the IVA, the charges were in fact monies that I knew about(not) and should have used them in the set up of the IVA as an asset...??? Anyway he said he was very busy with these bank charge claims and just dismissed the case. I did put all my arguements to him and asked him would he not look at the information I had brought to him and mentioned that my IP had a letter in that info stating facts relating to the whole thing and he said `I dont care` (his words) By this time (45 mins later) I was actually listening to my heart beating (louder than the judges voice)lol So there you are folks ..thats it Though I have now discovered that there is a judicial complaints system in the courts,,,Would I dare? who knows? Will think about that one but I have to tell you all one thing ..although I have no faith in the small claims system being for the `layman`...I still have few more claims to do yet for unfair charges on credit cards which werent as complicated as this one and WILL go to court again to fight them

Well i am now suffering with insomnia as I have my hearing for assessment in the morning...will let you all know how it went:-)