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Closed account now with a DCA

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  • davy22
    davy22 Posts: 16 Forumite
    hi there,
    just hoping for some advice, if possible before contacting debt managers ltd. my overdraft with the abbey was 800. while in the process of cliaming back charges and switching accounts to the ulster bank, they adding 250 in charges to my account for direct debit failures. as part of the process ( started in march last year and after a lot of stalling) they offered 200 back. i refused it but they put it in any way. since then they have been hounding me for £863. this despite my cliam for charges is £1408. they have now closed my account.i had intially agreed to pay this back £50 per month while the court case is pending, but after making two, i missed a payment due to hardship over xmas. now they say i have broken the arrangement. i even tried after xmas to pay £50 but my account number is no longer reconised.
    i got an "urgent final demand" from debt managers this morning. any thoughts or help would be appreicated.
    regards
    davy22
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    You may choose to take this advice or not but my current stance with Abbey is to steadfastly ignore all 'debt collection' letters. They have been arriving since Abbey first advised me last september that my 'complaint' was on hold until after the test case.

    Since you have been in contact and trying to pay I would advise to write to Abbey and this debt company advising that the account is deemed to be in dispute and that no further correspondence will be entered into pending the result of the test case.

    To date, in my personal experience, not one debt company has gone beyond letters. They threaten hell and all but actually DO nothing. I'd advise not to panic unless a genuine court summons shows up and take it from there. There is nothing to stop you taking your claim to court and letting it get stayed. Most importantly, quit worrying about it and stop skinting yourself trying to pay the charges. :)
  • Jester
    Jester Posts: 71 Forumite
    Had a similar problem last year with First Direct when I lost my job and they closed my account and passed it onto a Debt Collection Agency. I then started receiving letters and threatening phone calls from the DCA demanding the money (£521). I told them politely to 'go away' as the account is in dispute and currently on hold with the County Court (pending OFT Test Case) awaiting judgement on over £8K in Back Charges being reclaimed.

    I also told the DCA that it was illegal for them to hound me for the money when it is the subject of dispute in the Court system.

    At first they backed off, then suddenly started threatening me and harassing me with phone calls and letters again.

    So I called the FOS and complained about them pointing out that they were breaking the law in hassling for money for an account that is in dispute and in the court system. FOS immediately wrote to the DCA telling them that I am correct and that they are breaking the law by hassling me for the money.

    A couple of days later I received a letter from the DCA indicating that they had been contacted by the FOS and told to back off. They issued an apology and have not hassled me again since.

    So my advice would be to talk to the FOS and get them to help you as technically the DCA are breaking the law by hassling you for this money in the first place.
    Reclaims in progress:

    Smile: Claimed £3124 Paid: £3124

    First Direct: Claimed £8178 Paid: Court date 14th Aug

    MBNA CC: Awaiting statements
  • Ok so the cheeky beggers have sold my debt and ignored all my letters requesting refunds. Im talking about Abbey and Barclay card.

    What do i do now! as they are refusing to deal with me and telling me the debt has been sold and it's no longer anything to do with them...

    Abbey was a bank account i had and Barclays was my credit card..

    Thanks peeps...

    xx
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What do i do now! as they are refusing to deal with me and telling me the debt has been sold and it's no longer anything to do with them...

    Which letters have you sent?

    If the debt is made up of charges that you are claiming for, your dispute is with the bank/card provider, not the debt agency. You need to make it clear the debt is under dispute and the reason for this.

    If the debt agency contacts you asking for repayment, do not ignore them, but tell them you are disputing the debt and they should pass it back to the bank/card provider.
  • As above plus get it in writing that they have sold and not passed the debt on.
  • nikki2975
    nikki2975 Posts: 37 Forumite
    I sent my first letter on the 17th Feb and recieved the reply on the 22nd March. I sent the letter to Solution Finance Customer Services in Northampton. In there reply from Barclaycard they've put Debt sold no account now held by Solutions(who i sent the letter to).

    What do i need to do as the charges that i think i'm owed more than cover my Balance. they have also blacked out all phone numbers so i can't ring them to enquire.

    Thanks
  • GadgetsDS
    GadgetsDS Posts: 130 Forumite
    yea thats the sort of stuff they do
  • nikki2975
    nikki2975 Posts: 37 Forumite
    what should i do know then, it will more than clear my balance i don't want to give up on it

    thanks
  • nikki2975
    nikki2975 Posts: 37 Forumite
    I've just found an old statement with the Customer Services number of Solution Finance and a message came up from Littlewoods saying that all accounts are closed and will be with a Debt Collection Agency. Will they have all my account details so i can claim of them for my charges or have i lost my chance.

    Thanks
    :confused:
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