Closed account now with a DCA

Dannyboy777

Has anyone successfully claimed for late payments from a credit card which has been referred to a debt collection agency? I have a Barclaycard which has been fully paid off now which got referred to a collection agency, i was wondering if it would be possible to claim for charges?

ch750536

Bear with me a mo...

My wife & I moved from the UK 3 years ago. When we moved my wifes account was in authorised overdraft, which was then cancelled, charges mounted etc.

Rather than pay off in one go (£1680 owed to them) I decided to reclaim charges for her first (£1320)

By complete coincidence(?) on the day I posted the letter back to Barclays demanding a refund for illegal charges we received a call from a debt collection agency, asking for the payment of £1680 owed to Barclays. I asked my wife not to give anything away.

The next day they called back and said if we could pay a percentage they would 'write off' the rest of the debt. At this point I got on to the call to them and we negotiated a figure. We would pay £1100 and £580 would be written off. I have insisted they put this in writing stating that they have authority to do this and this in no way affects any other dealings with Barclays.

So, rather than owing Barclays £1680, this MAY pan out that they give us £220.

Will keep you updated as to what happens, just thought I would give the 'heads up'.

moofo

If they say you owe them £1680 BUT they in fact owe you £1320 of that in charges then DO NOT AGREE TO PAY ANYTHING.
Tell the debt collection agency to refer back to the Bank as the amount is incorrect.
And you also need to file a claim in court ASAP for the £1320.
Once you do that the debt collection agency can't do anything.
You will still owe them money though.

I have just had similar probs with barclays & mercers.
They want £800 off my wife but she is owed £900 in charges.
So since I told Mercers this they have backed right off.

They also did this to me and when I filed my claim.
Once they knew I had filed a claim in court they didn't bother me again.

They just try it on.

ch750536

moofo wrote:

If they say you owe them £1680 BUT they in fact owe you £1320 of that in charges then DO NOT AGREE TO PAY ANYTHING.
Tell the debt collection agency to refer back to the Bank as the amount is incorrect.
And you also need to file a claim in court ASAP for the £1320.
Once you do that the debt collection agency can't do anything.
You will still owe them money though.

I have just had similar probs with barclays & mercers.
They want £800 off my wife but she is owed £900 in charges.
So since I told Mercers this they have backed right off.

They also did this to me and when I filed my claim.
Once they knew I had filed a claim in court they didn't bother me again.

They just try it on.

Sorry, I may not have made my point entirely clear. Assuming that the collection agency has purchased the debt then they have the authority to negotiate the recovery. If they decide that 50p in the £ is good enough for them then we should pay them. This clears the debt meaning that any payment from Barclays is ours, not to pay the overdraft with but to keep, hence we gain a couple of hundred quid rather than having to pay out even if we receive the full claim from Barclays.

catewithers

Apologies if I'm posting in the wrong place or if the answer I'm after is already on here somewhere - I can't find it!

We are in a considerable amount of debt - in the process of sorting it out - and some of our debts have been transferred and/or sold to DCA's.

I'm very keen to start the process of reclaiming all the charges we incurred for late/non payment etc. which only succeeded in putting us further into debt. But, who do I write to? The original creditor or the company who is now dealing with the debt?

LearntMyLesson

Hi

Very long story shory short. In 2002 my Royal Bank of Scotland student bank account overdraft of £1800 got out of control. I tried to negotiate but didn't have the skills, back up or finances to manage (basically kept prisoner by a boyf and made to make illegal debit card transactions for food, no income, couldn't get benefits - cannot believe it was me). Anyway the debt raised to about £3500 in charges and was sold to a debt collection agency after a few months.

I now have the means to pay back this money and am sure the debt collection agencies will track me down. Is it possible to pay back the bank my overdraft less charges? Or because the debt has been sold on do these new rules not apply?

I have no problem paying the money back, I did take it but it does upset me that I will have to pay all those charges. It feels like I have been punished twice, to be stung for unfair charges and to have suffered and come through those horrible times.

Does anyone have any advice? Thanks

Edinburghlass_2

You can claim and any monies refunded is likely to be paid to the account with the debts. I'll pop this into the thread discussing closed accounts with DCA.

moofo

I settled my barclaycard account out of court.
THese are the terms we agreed:-
1. I got my money back
2. they paid the Debt to mercers
3. They removed the default notice & late payment history.

Bakeybadoo

Can someone advise who is best to contact in the case of Mint who've passed a debt to a debt collection agency?

Some of my creditors, in a similar positon, haved got me to ask the DC for the statements and some have given them to me themselves.

I'm really nervous about calling the DC up for my Mint debt as I got into a big fight with the bloke on the phone on Monday and he was very, very rude to me and would not give me statements and said 'you are in no position to be making demands' and so I put the phone down on him. I really don't want to have to call again, if I can make Mint give me the statements themselves.

dollydoodah

Send the SAR - they can't refuse to give you the information you want.