Closed account now with a DCA

Edinburghlass_2

The point is, if there is money due to the bank then it is likely that any monies reclaimed will be applied straight to any debt held by bank. This will of course reduce your debt with the bank but then the reclaim company will ask you to pay what you are due them.

Should your debt be less than any monies reclaimed then the bank is likely to pay you a cheque for the remainder and you can then use this to pay the reclaim company.

Stephanie_Jaye

but the bank have passed this to a DCA, and closed the accounts we are reclaiming from - will they send the cheque to the dca, or to me?

borgbaiter

hi

have they already listed you as in default with credit reference agencies? and how old are the charges they owe you. with the OFT case looming its hard to recommend anything without more details.

credit worthiness can be more important than cash at the end of the daym, and banks can be spitefull.


Borgbaiter

inmypocketnottheirs

hooby_groovy wrote: »

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.

Excellent advice.

I would be inclined to calculate the amount of the charges on any balance due to the DCA and advise them that as there is a test case pending concerning the legality of these punitive fees, that you are withholding the payment of this amount pending the outcome of the case.

Dazccfc

Hi
I have had 2nd offer from Marbles for full amount £1400.
However, they say they will only pay this against account and have asked me to sign a form to do this.
The problem is my debt has been passed onto Restons and I am currently paying £40 a month following a CCJ.

I would much rather use this 1400 for another credit card debt I have as I am paying this £40 a month fine.

The other thing is if it wasnt for the charges I wouldnt have got into a mess and maybe avoided the CCJ.

Any advice ? Can I request cheque and if not paid by cheque take them to court ? Would the court agree with marbles that it can be paid against account ???

Any help ?

Hearse-girl

Hey everyone!

Just after some advice please and would be grateful if anyone can help with a question I have please?

Can I still try and claim back credit card and bank charges even though my details have been passed or "sold" to a debt collection agency, or am I too late?

If I am too late, is there anything I can do? I desperately need advice! Hellllllppppppppp!!

natweststaffmember

No you can still proceed but I would suggest you send a letter to the DCA that you are now disputing the amount that they are claiming you owe due to unlawful charges on your credit card and current account.

theboylard

Excellent question Hearse-girl!
I negotiated lower figures in full and final settlement with my creditors - as some of the debt was due to charges piling up can I reclaim some or all of those charges as the debts wouldn't have been so big without them?

NaughtyAngel2007

i had £9500 0n a card and payed off over £4000 but then i got behind and halifax started adding the intreast and late fees , charges ect.

they have now handed it over to a debt collecter and im waiting to hear from them.

can i claim all these charges back. its bumped the debt up so much and it seems so unfair

[Deleted User]

Yes, you should send your S.A.R to them straight away to calculate exactly how much they have added in fees and then you can start the process to reclaim them.