unfair charges claim if on a Payment Arrangement

francescicluna

If I attempt to make an Unfair Charges reclaim whilst I am on a Payment Arrangement with the Credit Card provider, might they then take Court action against me to recover the full debt? If the debt has been sold on to a another company, who would I make my claim against?

natweststaffmember

francescicluna wrote: »

If I attempt to make an Unfair Charges reclaim whilst I am on a Payment Arrangement with the Credit Card provider, might they then take Court action against me to recover the full debt? If the debt has been sold on to a another company, who would I make my claim against?

Firstly, has the debt been sold on?

And the original question is that it would be unlikely that they would ask to recover the full debt simply because you reclaimed unfair charges.

Edinburghlass_2

Your claim is against the credit card provider but be aware than any monies claimed will be put towards the debt no matter who now holds the debt.

francescicluna

natweststaffmember wrote: »

Firstly, has the debt been sold on?

And the original question is that it would be unlikely that they would ask to recover the full debt simply because you reclaimed unfair charges.

Thanks for your reply. The debt has been sold on by Goldfish (it was transferred to them by Morgan Stanley) to a firm called Cabot. They advised me to cancel the standing order I had with Goldfish and to set up a Direct Debit in favour of Cabot. I do so, but they never claimed under the DD and are now taking me to court for the full credit card balance.

oscar52

Edinburghlass wrote: »

Your claim is against the credit card provider but be aware than any monies claimed will be put towards the debt no matter who now holds the debt.

Not the case with MBNA. If MBNA have sold the debt to a third party, then the customer is sent a cheque. It is up to the customer to inform the DCA of any monies recieved, MBNA dont even bother informing the DCA of any claim.