Closed account now with a DCA

Stephanie_Jaye

I have got Bank-smart dealing with reclaimin my fees for me, HSBC have now closed my accounts and sent my outstanding O/d to debt collectors. ( I havd a DMP with CCCS so paying what i can)

Will this affect my claim?

I have had a letter from the banksmart and they have advised my claim willbe i the region od £2,200 after they have taken their 10%.

LallySodge

<HR style="COLOR: #660000" SIZE=1> <!-- / icon and title -->Hi
I wondered if anyone can help. I've looked on the site, but can't find anything for bank accounts that have been closed due to bank charges not being able to be paid.

I lost my Barclays Bank account when I couldn't afford to pay the charges. In Dec 2005 (over the Xmas period) my account went over the agreed overdraft (of £550). I didn't actually realise this until it was too late to do anything about. I think I had several small items that had gone through for silly amounts of £5 here and there, taking me about £50 over my limit, and leaving me with £150 of bank charges. It was very unfortunate that the first letter I received from the bank stated that I would be charged a maximum of 3 x £25 within the monthly period - and my 'monthly period' was up on 26th Dec, not 31st as I had thought - which lead to more charges.

At the time I was on income support, and I contacted my bank to see if there was anything that could be done. I had been a customer of theirs for 20 years - with no previous problems.
They said nothing could be done and started putting charges upon charges.

Eventually the debt went to a debt collector and my account was closed.

What can I do about this? I know it was a small amount - but it still really upsets me and I feel it was very unfair. I now owe the debt collectors something like £850 - which I pay off £1 a month.

Can I still reclaim from Barclays and get this debt sorted out?

Smasher

Firstly, get a claim in for the charges. Stop paying the debt collector & inform them that the debt is now in dispute and you will be reclaiming every penny you have paid them because you believe that the "debt" is unlawful. Also ask eht DCA for a copy of the original CCA.

LallySodge

Thanks for that.
For some reason the debt is now with a 2nd debt company, as I refused to pay the first one - although I did sent the first DCA a cheque for £1 and a letter from CCS - I never heard from them again, but kept getting threatening letters from a new DCA, not even realising it was a different company. I have already told them that this matter is in dispute, and am only paying them £1 a month back at the moment - is it worth stopping that small payment?

Edinburghlass_2

Several different points here as the bank have passed your debt to a DCA any monies reclaimed are likely to go straight to reducing the debt. This means that BankSmart will then expect YOU to pay them the 10% of your claim no matter that you actually won't get the monies reclaimed paid to you.

You need to speak to CCCS about your claim and how it will affect your DMP and hopefully they can advise on what you potentially could end up owing BankSmart.

As regards using a company for your reclaim you need to read through this thread...

http://forums.moneysavingexpert.com/showthread.html?t=365533

tifo

I've made charges, PPI and default compensation claims with my ex - credit card providers.

All these complaints were made through the Ombudsman and after waiting 6 months for a decision, i have some offers.

But the banks want to pay the DCA my charges, PPI and interest refund as well as compensation in a few cases.

I have argued my point with the Ombudsman but they state that the money should go to the DCA as i haven't paid it to the bank. But i am saying i owe nothing to the bank now and the DCA is a third party to this. Also, that i want the money to be able to use it as a settlement amount with the DCA.

After nearly a year of fighting and argueing with the bank and FOS, i don't want all the refunds to go to the DCA as i would get nothing.

None of the DCA's have complied with a s.78 request and have been in default and offence for many months now. By paying them my refunds, the bank is prejudicing my position with the DCA.

The FOS have said the banks say, that if i don't accept the offer to pay the DCA, they will buy the debt back from the DCA, apply the refund and then sell it back on. Is this allowed as i thought the DCA is not allowed to sell it while in default of s.78 and for the bank to buy the debt knowing this ...

What would be my position if i took the matter to court as the FOS said they believe a court would state the same as them.

The FOS said even if the DCA had written off the amount or closed the account, they would still be entitled to the refund towards the concession, bringing this into the same grey area as my HFC refund. I think this is totally wrong. I asked what if the DCA owed me £1000 and wrote off a £1000 account so no money was exchanged? They said it's all in the wording of it and if they write off they can get back later. Bizarre.

Advice appreciated please as i don't know what to do and don't want to keep losing my refunds to either the bank or the DCA.

Andyfromupnorth

Hi, I was wondering if anyone had any idea about what I should do. I was just starting the process of re-claiming my bank charges last year from The Woolwich when the OFT test case thing came up so I halted proceedings like I guess everyone else did, to wait to see what the outcome was. Anyway, The Woolwich then charged me £35 twice for two unpaid DD, which I had cancelled so I just refused to deal with them as I had already opened another account somewhere else. The Woolwich was then taken over by Barclays and my "debt" was passed to them and they have been hassleing me for money which has now increased to £477. I received a letter on the 27th December from their debt collectors demanding full payment or further action will be taken and any correspondance should be to them and not Barclays. Does anyone have any idea what I should do before they come and kick my door down, or I shoot myself, leaving my partner and beautiful three year old daughter to face the music. Cheers in advance. (P.S. That last bit was just a joke)

wilf55

cant help andy but bump someone will be along shortly im sure

smashedbooboo

Hi, WRITE do NOT phone the DCA and request a fully executed and signed copy of your consumer credit agreement. If they cant come with it they will normally pass it back to the original creditor. ie the Bank. This will put the debt into dispute. I am not saying do not pay your debt but pay what you owe and what you can afford topay over time. Asking for the CCA will give you the info like are hey legally entitled to chase you for this debt. Were they sold the debt or only collecting on behalf of the bank. You will need to send 1.00 for a copy of your agreement. There are time limits in which they should provide you with the info you need, I will find out exactly what they are tomorrow and post tomorrow evening. And as i said earlier do not speak to them on the phone anymore. You MUST leave a papertrail hun.

jessica-bean

I notified my bank (Lloyds TSB) back in September that I wished to query/reclaim the charges on my current account. They replied saying that all such claims are now on hold and that they will contact me again when/if the situation changes. In the meantime, they have closed my current account and passed it to an external Debt Collection Agency who now wants settlement of the full amount of my overdraft, including the charges. Want do I do and how does this affect my rights to reclaim the charges from Lloyds as/if I can?