Closed account now with a DCA

Edinburghlass_2

As the above posts, any monies reclaimed will be put in the account which should reduce the debt you owe.

k1mmie

Yes MiniCooper, you can still claim even if it is with a DCA and in arrears. Just remember that what you DO get will pay off any balance first and they will have to send you anything outstanding. You should send the credit card company the standard SAR letter asking for statements for the last 6 years. Remember to enclose any fee (ask them what they charge - I am sure Crap1 do not charge, but check). Once you have all the information you can then work out what they have charged you. In the meantime write to the DCA and tell them that you are dealing direct with the creditor to reclaim charges. You can then send them the standard letters from the templates on this site. Remember Crap1 will only offer you the difference between the £12 and £20 charges on your statements, and send you a standard letter. You will HAVE to take them to court or go through the FO for their final offer. They offered my hubby £300 on a claim of £950. We went through FO and it was long winded - took 3 months but either way they make an offer. They finally offered £860, which to be fait we accepted. Could have gone to court and got the full amount plus costs and interest but could not afford the court fee at the time. So it really is how you want to play it. Take a good look around the Crap1 thread and Barclaycard and read other peoples experiences and it will show these companies all have a set format. You will then know exactly what to expect. Good luck!

mouse_dust

I'll try my best to keep this post short and to the point as the rest of the details can be found in this post on the consumer action group forums:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/58726-mousy-hsbc.html

Hopefully someone here can help!

I transferred £700 to my new HSBC credit card in March 2006 and slowly paid off the full £700, incurring £64 in late payment fees and charges.

I left this £64 on the card with the intention of getting it removed.

I know that this is only a small amount compared to some of the claims on here but this money is important to me and so is the principle of reclaiming it. (Plus, I have very little money.)

I started the reclamation process and got as far as preparing to issue an MCOL claim but I was confused to the exact wording to use. In the meantime, more late payment charges were added.

Unfortunately, confused about how to proceed, procrastination got the better of me and I started to ignore communication from them (Yes, very bad idea - I know!)

I now find myself in the situation where the outstanding balance has been increased to £98.28 and my account has been passed to a debt collection agency. This balance of £98.28 is entirely made up from late payment charges and interest on those outstanding late payment charges.

I contacted the debt collection agency and told them I would send them a letter to address the situation.

They are waiting for my letter.

Again, I don't really know how to proceed!

Should I tell the debt collection agency that the debt is unjust? Will they even care? Is there anything I can do now or is there nothing else for me to do other than pay the debt?

-Thank you very much for reading.

Edinburghlass_2

Your claim for bank charges will be of no interest to the DCA as all they want is the debt repaid. You can write and let them know you are in dispute with the bank regarding the debt and perhaps offer them a nominal amount monthly meantime.

You then need to continue with your reclaim with your credit card and any monies reclaimed will go towards the debt you have, please read Martin's article here...

http://www.moneysavingexpert.com/reclaim/credit-card-charges

robocoppb

I have a file of correspondence and threats to take HSBC to Court. They have now sold the debt to Lowell Financial?. I am being activly pursued by them with a threat to take court action.. Is this the new format? If they do take proceeding and I defend it where does that leave the OFT action? I have writtwn to HSBC to confirm my dispute.

kirsty123_2

Hi

Can anyone let me know the answer to the following??????

i have a lone with lloyds which is about £2210 which i am paying back through a debt company. i have put in a claim for my bank charges which total to about £2690.

If i was to get the total bank charges back would all the money i am owed go to me or come off my debt? even though the debt is with the debt company now and not lloyds??????????????????//

Edinburghlass_2

Any monies reclaimed will go towards any debt held by the bank whether it is with a DCA or not.

mouse_dust

Thanks for the Advice Edinburghlass,

I will write to the DCA to tell them that the funds are in dispute regarding unlawful bank charges and I will offer to pay back the debt at the rate of £1 per month.

(Or I could send them a CCA request - what do you think?)

Then I will send HSBC my updated schedule of charges with a final demand for repayment before I take court action.

Does that sound like a good plan?

-Cheers.

AndyLGR

I recently filed my claim with my local court against capital one for charges on 3 credit cards, totalling approx £3300 (inclusive of interest and court fees).

Capital One have sent me a letter saying they have refunded charges back to the 3 cards, and are sending me a cheque for the interest + court costs. However the problem is that 2 of the accounts are now closed with capital one and therefore the accounts do not exist anymore.
<O:p
Their defence against my claim is that they are saying they have paid the amounts owed, but how can I access money they are saying is being credited to a closed account?
<O:p
Has anyone been in this situation before where charges have been refunded to an account that I can’t get access to?
<O:p
Any help / advice would be appreciated.

krisskross

Were the accounts clear when they were closed?