Closed account now with a DCA

inmypocketnottheirs

It is six years from the date of the last correspondence.

okeydokey

Hello, can someone help. Had a Debenhams store (G E Money) card, got behind with payments, debt sold to link financial, interest now frozen and debt being paid monthly. Can I now go after Debenhams (G E Money)themselves for all the past charges? Also have a second mortgage with G E Money, would this need to be taken into consideration?

Edinburghlass_2

You can start a claim from GE Money but do be aware that any monies reclaimed are likely to be paid towards the debt even if it is now with a DCA which will of course reduce the amount you owe.

okeydokey

Edinburghlass wrote: »

You can start a claim from GE Money but do be aware that any monies reclaimed are likely to be paid towards the debt even if it is now with a DCA which will of course reduce the amount you owe.

Thanks Edinburghlass, if we were to get some money back and that comes off debt that is great but I am more worried as to whether there will be any repercussions with the mortgage with GE money currently.

inmypocketnottheirs

Cant see that there would be any repurcussions. They are two seperate transactions. The fact that they have applied unlawful charges on one account has no bearing on another. FWIW I have had charges refuned from GE Money on an old secured loan.

HTH

Ajax123_3

Hi all i am completly new to all this so please bare with me i know everyone has been doing this for ages now, but would really appreciate some help with a question i have. I am trying to help my boyfriend reclain some CC charges etc i have read all the info on this site and its great. However, not sure how to proceed as his credit cards are in the hands of debt collectors. Can i still apply for the charges? do i appy to the company or the debt collector? if the debt has been sold on for collection how does this effect any refund and balance due to the debt collectors? im really stuck Help!!!! thanks guys.

Smasher

First of all, you will need to ask them to supply a copy of the CCA.

Then you need to find out how much of the "debt" is made up of charges. You do this by sending the SAR (see letter templates) to the CC company to find out how much they have levied in charges.

Has he been paying the debt collectors, or is this the first time they have contacted you?
Whatever the situation, at the very least, you will be able to reclaim all the charges.

Ajax123_3

Thanks for that Smasher i will do that today. They have been in touch a while complicted separation debt!. we have been in touch with the CCCS and they have done a financial statement and suggested a token payment of £1 which we have been paying on time. I will aslo ask them for a copy of the CCA too. thanks Mel

welshblood

hi

like many other people im in the process of reclaiming charges from my bank i was due to go to court on the 14th november to get it resolved and the banks got lucky and got a stay on all accounts untill after the test case.

but now my bank have closed my account an taking me to court for the overdraft i had with them. And now i have had a debt recovery firm call me today and say i had 24hours to pay 25% of my balance befire they start court action against me. But if i pay this will it mean i admit the debt. i have told them my bank had made me an offer to pay back 70% of my charges before i took them to court and that im in the process of taking court action against them myself.

They wont listen to me

My bank wont listen to me

my bank have been rather sly and kept my account open for as long as they can so i have had another 2-3 months charges added before they closed it that i couldnt avoid.

Seams like us consumers have our hands tied when it comes to our banks at the moment they feel they can do what they want because we cant take them to court an reclaim wats rightfully ours.


Can anybody help me!!!!!

nickmack

welshblood wrote: »

And now i have had a debt recovery firm call me today and say i had 24hours to pay 25% of my balance befire they start court action against me. But if i pay this will it mean i admit the debt. i have told them my bank had made me an offer to pay back 70% of my charges before i took them to court and that im in the process of taking court action against them myself.

They wont listen to me

My bank wont listen to me

OK, if the amount is under dispute, the bank cannot pass the debt to a collector. Inform the collector that you are disputing the amount and they must pass it back to the bank. Do not get into further discussion, but inform them you will report them for harrassment if they continually contact you regarding this.

Speak to the bank and remind them, they are in breach of the OFT guidelines regarding Debt Collection which state:

s. 2.5 Putting Pressure on debtors or third parties is considered to be oppressive
s. 2.6 Examples of unfair practices are as follows:
(h) ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
s. 2.7 Dealings with debtors are not to be deceitful and/or unfair
s. 2.8 Examples of unfair practices are as follows:
(i) failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
(k) not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.