Closed account now with a DCA

Andyfromupnorth

Hi Smashedbooboo, thanks for your reply, I will try what you said. Are they legally entitled to provide me with a cca before they can take any action and should I pay my pound by postal order and who should it be paid to? I think they are collecting on behalf of the bank but the letter still says to correspond with them and not the bank. Should I also mention the fact that I do not actually owe them any money and that the debt is, as far as I can remember, solely for charges, which is why I ignored them from the beginning because I thought they would just let it drop. Rather foolishly I might add. Thanking you in advance.

AndyLGR

In the case of my capital one credit card that was sold to a 3rd party collection agency - I offered them an amount I could reasonably afford a month (£30) and made these repayments as agreed. Then when I claimed my credit charges off capital one they just credited my account held by the debt collection agency with the charge amount.

I think the important thing now is to make an offer to repay it monthly with an amount that suits you.

Beardie

Hi Jessica,

I want to reclaim my unfair bank charges ... my overdraft went up to 3k ... my account is with Natwest and I have an account with Lloyds ... I was going to reclaim bank charges from Natwest ... I am a single parent and had got myself into a mess, but remortgaged and still trying to get myself straight ... overdraft will be back down to 2,200 end of month ... but I am only paying 200 a month ... car tax this month, mot, childcare is 300 next month and no family local to help ... think it's difficult to get out this situation, but dont give up hope .... but now im to scared to even pursue the bank charges as I couldnt afford to pa back my overdraft so looks like NATWEST have me just where they want me!!!!!

Debt_Slayer

I have two credit cards which defaulted several years ago and the reason was a late payment, which when applied took me over the limit, which incurred further charges, then the snowballing effect started to which ive never been able to get back from.

So when i send my letter to the card issuer requesting my statements so i can reclaim, do the collections agency who bought the debt from my creditors get involved?

I suspect many of the people who are reclaiming are doing so on defaulted accounts that have been sold to a debt collections company.

starsinmycrown

hi jessica, yeah lloyds T(the) S(hite) B(ank) have done the same thing to me. the only thing i can conclude is to try and win the charges back through a solicitor on a no-win no fee. theyve got us over a barrel.

starsinmycrown

hi, i just wondered the above. i've seen one or two people asking, but no concrete answers and i'm think i read something martin wrote about it somewhere, but i'm unsure.

Lloyds must owe me about 3k, but are holding me over a barrel in debt collections over an overdraft and i repay £30 a month. thing is i really need this money back- as if i got it back, then i'd be free of their evil forever. if they even agreed to give me half of it, i'd be free of them. I have a parachute account but am so worried about starting a claim, because i dont want to antagonise them at the moment, as i owe 1500. Do we still go through the same proceedures if our circumstances are different? thanks!

hooby_groovy

Yes, you can claim, if you win or they agree to pay then they will clear anything owed to you and refund any excess.

The procedures for complaining are exactly the same as any other claim.

hooby_groovy

You have to treat the issues as two seperate areas:

1. Continue to reclaim charges as before from the bank

2. Speak to the DCA and negotiate a repayment plan.

Depending on whether the DCA has been instructed to act on behalf of the bank or whether the bank has sold the debt to the DCA the charge reclaim, if won, will then counter the other. In the meantime it is vital that you speak to the DCA and reach a compromise to stop any legal action.

Best recourse, is to phone them and say you are sending a written statement of earning and outgoings, complete this and send recorded mail along with a letter outlining the amount you are able to repay and asking for interest and charges to be freed.

It is vital that you speak to the DCA and do not ignore them as this will only lead to future problems.

hooby_groovy

Reclaim as per the details posted on the forum from the credit card companies.

In my experience you will receive payment from the credit card companies in the form of a cheque, the DCA's are no itnvolved if the debt has been sold to them.

Stephanie_Jaye

pls excuse me for being thick, Banksmart have given me figures for my claim, lets say i was getting £900.00, after banksmart have taken their 10% Will i be liable for any more charges after this?

What will happen if this test case all goes wrong? Where will it leave us?