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Closed account now with a DCA

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  • Hi,

    The debt credit agency will receive your claimed charges.
  • mr_wolf wrote: »
    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?

    Hi,
    Yes you can still claim the charges.Any refunds will be taken off the debts.

    You will not receive anything your self.
  • 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.

    Hi,

    Yes,you can still send the letter to them reclaiming your charges.

    Try and get a settlement figure from them,if its equal to your claim you could be quids in.
  • Ok, I have nearly £3000 in bank charges. It wasn't nearly that a year ago but they've been charging every month even when they had closed the account!

    I sent them the letters from here and they made an offer for only part of them so I'd still owe them money. I told them no.

    I made them another offer which they refused because it would be an admission of guilt in their eyes.

    They told me I wouldn't be able to reclaim them so I had no other choice. I explained that I actually could because I'm on Job Seekers Allowance and in great financial difficulty since the birth of our baby.

    Now, they've sent it to a collector and I've been sent a payment book.

    I need to know, if I do pay them am I losing the ability to reclaim? Also, I need to know if there is a way to do a reclaim if you can't afford the fee to initiate the claim. I've tried to save for them (I think it is £30) and we just never have it. We are very very poor and have a baby that must have food even if we have to go without.

    I would appreciate any help as I've been trying to finish my college course but the sleepless nights worrying about this is having an effect.

    Thank you,
    William

    Smasher replied: 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
    .


    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
  • I sucessfully reclaimed by bank charges from NatWest £1640 the account I had with the bank had an overdraft of £1644 which just goes to prove my overdraft was all bank charges:mad: after sometime of not doing anything to clear my overdraft and before they had paid out my claim the debt was passed onto a debt collecting agency and I came to a repayment agreement with them directly. When my claim was paid they paid it into my account and cleared the debt, when I questioned this as it was now being dealt with by a debt collecting agency they said that was only a temporary agreement and they had taken the debt back now!!! I have therefore lost all my money from the claim has anyone else experienced this? :cry:
  • Pound
    Pound Posts: 2,784 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You need to check with both the bank and the agency to determine which one owns the debt. Either the bank have sold the debt and your overdraft shouldn't exist and the bank should credit you the same amount again or the debt was returned to the bank in which case the agency should return the money you've paid them.
  • Sol00
    Sol00 Posts: 1,230 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes I agree. If that's paid off now, at least you don't need to worry about the debt.
  • hi

    send them a cheque for £4 and take the moral high ground. if theyve put defaults on your credit file ask them to remove them tho as youve saved them loads in written off debts.


    Borgbaiter
    claimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£5482
  • KJK wrote: »
    I sucessfully reclaimed by bank charges from NatWest £1640 the account I had with the bank had an overdraft of £1644 which just goes to prove my overdraft was all bank charges:mad: after sometime of not doing anything to clear my overdraft and before they had paid out my claim the debt was passed onto a debt collecting agency and I came to a repayment agreement with them directly. When my claim was paid they paid it into my account and cleared the debt, when I questioned this as it was now being dealt with by a debt collecting agency they said that was only a temporary agreement and they had taken the debt back now!!! I have therefore lost all my money from the claim has anyone else experienced this? :cry:

    No - you haven't lost all the money. You've used it to pay off your overdraft .... only you didn't make that decision, the bank did.

    But at least you no long owe the bank £1,640 :j
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • bump bump bump
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