Can I choose method of charge refunds?

[james23_uk]

My case is a little unusual so please bear with me. I'm in an IVA and am in the process of claiming back my charges from credit cards that have been defaulted and passed on to DCAs.

 

Despite my consistent request for refunds to be paid by cheque MBNA have "credited my account at the DCA" for 'nearly' the full amount. This is useless to me as I am paying a set amount towards my creditors in my IVA and any additional credit to one DCA makes no difference to my repayment. It's also a payment favouring one creditor over all the others which is technically a breach of the terms and conditions of the IVA.

 

Can they do this? Can I insist in the refund of charges to be paid by the method I choose?

 

Would appreciate help in this matter.

 

Thanks

[Glenn UK]

I think this is a case where you can insist on the method of repayment when you have a debt to with the defendant.

 

Have you accepted the offer of payment as partial or full refund at all?

 

I would suggest that you can write back to the defendant setting out your concerns and that you're in an IVA and that since you don't have access to the funds to distribute them in accordance with the conditions of your IVA that you don't consider the claims settled in any way.

 

You also need to confirm what would settle your claim IE payment by way of cheque or whatever. If you haven't lodged your claim in the courts then this must go on your particulars of claim too.

 

Do you have your own thread to post the details of where your up to and what correspondence has taken place?

 

HTH

 

Glenn