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NRAM CCA Refund

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(@girl10)
Trusted Member
Joined: 15 years ago
Posts: 50
Topic starter  

Hi just to find out if anyone can help?
I was bankrupt and my husband entered into a Trust deed in 2011, I was discharged in November 2012 and my father paid off my husbands Trust deed early and everything has been going well.
I heard about the CCA refund and contacted NRAM about it and was told I did not qualify, I questioned this and now 3 months on they have now came back to me and said I am entitled to it but because I entered into Bankruptcy and my loan was cleared they do not think I am entitled to a refund.
Has anyone else come across this or can they do this?


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi girl10

I am aware of similar where there are payments for CCA refunds and PPI payments, where they have offset these against existing debts.

I think the best way to proceed is to ask them on what basis they believe they can retain the funds rather than on what basis you are entitled to them. Switching the tables around might confuse them.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Isn't this refund connected to a technical flaw in their credit agreement and therefore (from memory) returns interest that shouldn't technically have been charged?

If so, you could see why they wouldn't want to refund interest that shouldn't have been charged but hasn't actually been paid?

I guess it all comes down to the various timings of the events that are involved though.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@girl10)
Trusted Member
Joined: 15 years ago
Posts: 50
Topic starter  

Yes that's the refund and I do understand that but I thought I would be entitled to a refund for the interest I did pay them within the period the paper work was flawed, which was 3 years of full never missed payments.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
Posts: 13594
 

You may well be right girl10.

I guess it just comes down to whether NRAM believe that they're entitled to set that off against the debt that they wrote off, or whether the claim lost validity in their view when the debt ceased to exist.

I'd follow Mark's suggestion as it puts the onus upon them to explain their position.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@girl10)
Trusted Member
Joined: 15 years ago
Posts: 50
Topic starter  

They told me they would call me back after speaking with insolvency, just reading some other posts on here and people have been lettered about a refund even though they are currently in a trust deed, so fingers crossed


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I guess that one difference is that the debt still exists while a trust deed is in place girl10.

I hope that you get good news... please let us know what you hear.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@girl10)
Trusted Member
Joined: 15 years ago
Posts: 50
Topic starter  

Hi, nram contacted me back today to say they are waiting on confirmation from the team that are dealing with my case to confirm if the refund I'm due from them will be offset against my debt I owed them, can they so this?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Companies are doing similar things girl10.

It seems to be potentially legally contentious so it's not really possible to give you a clear answer.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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