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Closed account now with a DCA

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  • sjaypink
    sjaypink Posts: 6,740 Forumite
    uhhh ok so i fink iv found the answers through other posts............
    also found that the same q's r bein asked over & over so i guess the ms old skool r gettin hacked off with the likes of this! sorry!
    any clarification still appreciated tho :-)
    We cannot change anything unless we accept it. Condemnation does not liberate, it oppresses. Carl Jung

  • I have started the process of reclaiming my charges months ago and my account was closed - as they do! When the account was closed, I was overdrawn, because of the charges . The bank owes me more than I owe them by some £1200 but the bank has put dealing with my request on hold until the outcome of the court case. The bank has now passed the overdraft to a debt collector who is getting really heavy despite me having sent copies of all correspondence by registered post (because they claimed not to have got it first time around). They are now threatening to take me to county court if I don't pay immediately and say the bank has told them to pursue it. Where do i stand?
  • Orford
    Orford Posts: 2,199 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    They are now threatening to take me to county court if I don't pay immediately and say the bank has told them to pursue it.
    Porkies.Unless a DCA has actually bought the debt (unlikely ) they cannot issue a claim in the County Court, the bank would have to do it, at which point you enter a counter claim for all the charges. Suggest you write to them and explain this and that you will be very happy for them to issue a claim.
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    They cannot pursue a debt that is in dispute.

    The banking code section 13 paragraph 6 states that an account in dispute cannot be refurred to a credit referance agency, so this could be a breach.
  • debtfreeme
    debtfreeme Posts: 13 Forumite
    Hi,

    Can anyone help with this?

    I received lots of charges from Abbey National over the years I had an account with them and when I went on maternity leave almost 3 years ago I wrote to them explaining that I would not be making any significant payments into the account for a while and asking them to freeze charges and interest and allow me to come to an agreement with them to pay back my overdraft.

    All phone calls and letters were ignored and I was told by an advisor there that whatever I put in my letters to them that they would still continue to charge me interest for another couple of months as that was their procedure. After that they closed my account and passed it over to a debt collection agency and I made an agreement with them to pay a token amount each week to pay off the overdraft.

    I am almost finished paying this off now but nothing would make me happier than to get this money back from Abbey for all the stress (and various threats from the collection agency) they caused me.

    Can I still claim back the charges even though they closed my account?

    Thanks in advance
  • Hello

    Super quick question.....if my bank have sold my debt can i still claim?

    Thanks
    Jayne
  • Night-owl_6
    Night-owl_6 Posts: 858 Forumite
    Hello

    Super quick question.....if my bank have sold my debt can i still claim?

    Thanks
    Jayne

    Very likely yes, but you will have to advise the DCA that you wish to make such a claim and they will then place the debt on hold
    DELETE ACCOUNT.

    NO LONGER WANTED

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    Due to certain users I no longer wish to use this forum
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Hello

    Super quick question.....if my bank have sold my debt can i still claim?

    Thanks
    Jayne

    You start your claim with the bank but be aware that any monies reclaimed are likely to go towards any debt, no matter who now holds the debt. This of course will reduce your debt.
  • My account was with Barclays. I did the claim form last year,they owed me just over £1000.but then it got stopped,n went to court. Well i have ran into financial difficulties and resulted in going over my overdraft and the account being passed to a debt collection company.The charges within the 6 years i was on Income support.Please does anyone know if i can still get them back? Thanks:confused:
  • Can anyone tell me if you are able to claim back bank charges if you default on the account because of the charges.
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