Closed account now with a DCA

cassy

hi all


i used to work for a company that collected debt for BB
and i can tell you all BB dont allow debt collectors to take court action

UNLESS they sell the debt to the company, then the company are free to do so if they wish.

just because another company may be collecting the debt at this point they will not own the debt

they may threaten with action but will not do it,

the best suggestion i can offer is to write to the debt company and explain the situation and ask them to place it on hold for say a few months then you will get back to them and update them

a11waysindebt

Hi,
I'm surprised no one has offered you advice.

Now the debt has been passed on to a collection agency the interest and charges will or should stop.

You need to download a budget sheet and work out what you can afford to pay this agency.
Send them the budget sheet along with a letter asking to stop the charges.

Proceed with your claim through the courts,but remember the agency will receive the claimed payments and any other expenses you have paid for.

No need for the sleepless nights even though it is annoying.

Smasher

Send this to the DCA along with a CCA request:


YOUR NAME
YOUR ADDRESS
YOUR <st1><st1>POST</st1><st1>TOWN</st1></st1>
YOUR POSTCODE

BANK NAME
BANK ADDRESS
BANK POST TOWN
BANK POSTCODE
TODAY’S DATE
<o>

</o> Dear Sir/madam
<o>

</o> I am writing in response to your letter dated xx/xx/xx, a copy of which is attached.<o>

</o> I would advise you that it is in your best interest to take no further action in relation to the alleged debt that XYZ Bank has contracted you to recover from me.
I do not acknowledge any debt to XYZ Bank.<o>

</o> The alleged debt that you are attempting to recover has accrued solely from unlawful & unenforceable penalty charges imposed on my account by XYZ Bank.<o>

</o> I currently have a legal dispute with XYZ Bank in relation to this matter.<o>

</o> I request that you do not contact me again about this matter. I would like to remind you that any threats of legal action or demands for money for a debt that is in dispute would be a breach of the protection from harassment act 1997 and will result in legal action being brought against your organisation for the same.<o>

</o> I will also take this opportunity to inform you that should you wish to begin legal action in respect of this matter, I will issue a counter claim for monies owed to my by XYZ Bank, plus damages. I will also apply to the court to order that whoever should bring such action against myself be listed as a vexatious litigant given that such a claim would have no merit whatsoever. I am entirely confident that I would succeed in such action.<o>

</o> <o>

</o> Yours sincerely
<o>

</o> YOUR NAME<o>
</o>

Smasher

This should take care of it:
http://forums.moneysavingexpert.com/showthread.html?p=8143073#post8143073

hpsaucey

sorry long winded story.
Owed HSBC over £750 due to overzealous bank charges. They passed the debt to collection agency which I paid £10 per month for over 4 years.[on benefits and struggled to pay this] but after I had paid £450 I came across this site and decided to reclaim these bank charges and told debt collector wouldnt pay anymore till it was sorted. did'nt hear from him again and tried to claim bank charges back and was told that this debt accrued over 6 yrs ago and I was about 2 months out and couldnt claim them back[GOOD LUCK for them and BAD LUCK for me] Now over 1 year later I have received today a letter from a totally different debt collection agency demanding the balance of £220. Telephoned them to say I shouldnt have to pay this only to be told that IF I [EMAIL="HAD&#64;NT"]HAD'NT[/EMAIL] PAID THE £450 I PROBABLY WOULD BE RIGHT BECAUSE 6 YRS had passed but because last payment rec from old debt company JAN2007 I have to pay it. I think this is totally wrong and told them so and said I would send letter asking then to cancel this debt as debt company [previously] had no right to sell them a debt which in essence was all bank charges. They said I must pay it but that they don't take people to court so why do I have to pay it and what can they do to me/ any good advice anyone

ElaineE_2

We have a barclays business acount with £600 unofficial overdraft on it. We want to close this account and Barclays are aware we will be doing so once they pay us the £1000 we are claiming back in bank charges.
We sent in all the letters in June (after a hefty wait for statements etc and having to chase them).
Now they have written offering £275.00 in full and final settlement. As advised here we sent another letter saying we would accept in part payment but they have refused this and said we will lose this offer.
I cant understand why some customers are being picked on while other are being paid out.
I even told them I would settle for the £600 to clear the bank account but they are not interested.

HELP!

Twinkly

To be brutal, if they dont actually issue a court summons then there isnt anything concrete to worry about right now. You dont need to lose any sleep over a debt collector wanting bank charges. The best thing you an do all round it disengage any communication with them and make sure your claim is entered with the bank.

Abbey have so far employed 3 different ones in the last 3 months to collect my 'debt'. The charges they owe me is double what they want off me.

I lodged my 'complaint' and was told in October that they werent obliged to look at my 'complaint' due to the FSA waiver. Fair enough I thought, I wont trouble myself with responding to any further communication demanding I pay the 'debt'.

Its worked well so far. I've been threatened and offered reduced settlement, all in writing, which I've simply filed for future reference. No court summons, no-one on my doorstep, just letters.

The minute you engage with them, even to fight and dispute, is when they think they have you and all you are really doing is sending your stress levels through the roof.

Dont engage them. Advise them the account is in dispute and file your claim with the bank if you havent already done so. From then on cease all communication with anyone trying to collect them. Do not respond at all and simply file the letters.

I am sitting tight til the test case is over, filing letters and sleeping soundly. I hope my advice helps at least 1 person do the same tonight.

mr_wolf_2

Hi all, my debts have been passed/sold on to debt reclaiming companies, so am I still able to claim charges from my old bank account?

williambrown

Hi, Thanks for the help. That is great.
I just wanted to ask as well, if I have verbally accepted the offer to make monthly £5.00 payments but not actually paid anything yet, can I still send that letter to them? I have until 28th January to make my first payment.

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.