Breach of Contract - Debt Sold.

cptwr

In 2004 I was mis-sold a credit card by a highstreet bank, and after agreeaing to partial responsibility, the debt was reduced and a contract signed stipulating a payment plan (2005) to commence around a year later in October 2006.

The debt was removed from my account, and I was informed that payments would be automatic from my current account. At the time of commencement payments were not taken, and I contacted my local branch for the reason why. It was highlighted that the debt had dissapeared and no longer existed. I then asked how I was supposed to make payments, and was told I couldnt as the debt did not exist. Confused I forgot about it.

In the mean time, I have had numerous problems with my credit history, and contacted said bank to investigate as to wether they had me down as a debtor and owing a bad debt. To be told that there were no debts in my name, and that nothing they have on file such be detrimental to my credit rating. Once again, confused, and wondering where the debt had I gone I forgot about it.

Yesterday I received a letter from an outiside credit agency demanding payment for the full amount, threatening court action (with which would lose my job)

I contacted the bank, who eventually agreed to recall the debt. They now want me to pay off the debt along a new plan. This is all well and good, and I realise that I will have to pay off the debt, and have tried to for the past couple of years! But is there anything I can do about this behaviour, of telling me something does not exist, selling the debt, being threatened with court etc? Surely the bank cant just say oh well, bit of a mistake, sorry old chap!?

Yours,

Very Angry!!

LilacPixie

Make a formal complaint to your bank.

GeorgeUK

I agree - make a formal complaint in writing to the bank and make sure that interest has not been added to the debt. I would include copies of letters you sent to them (if any) so that they can see that you had tried to resolve this years ago.

cptwr

GeorgeUK wrote: »

I agree - make a formal complaint in writing to the bank and make sure that interest has not been added to the debt. I would include copies of letters you sent to them (if any) so that they can see that you had tried to resolve this years ago.

I have done this, basically there view is, sorry about that, better start paying up, no intrest has been added, on you go....

Surely there must be a system to redress this behaviour? Or is it basically a situation of shut up and put up?

GeorgeUK

As it hasn't had a negative financial impact, i'm not sure there is much you can do. FOS may get on to them if you make a complaint that they misled you over the debt and its status, but other than that there probably isn't much you can do.

You could try making a full and final settlement offer if you are in a position to do this.

I would also check your credit reports to see if a default has been issued against you. This i would definately complain about and insist it be removed. If they don't, then definately get on the the Trading Standards or FOS