urgent help needed

fairmorn308

Got a letter this morning saying cap one will pay me in full but there only got to send me £291.95 and send the rest of £487.62 to lowell's the DCA

I was under the impression they cant do this and can only make the payment direct to myself.

any help would be gr8

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fairmorn308 wrote: »

Got a letter this morning saying cap one will pay me in full but there only got to send me £291.95 and send the rest of £487.62 to lowell's the DCA

I was under the impression they cant do this and can only make the payment direct to myself.

any help would be gr8

Definite advice cant be given as each case is different BUT take a look here:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

This article states that:

Certain conditions must be met before the firm can exercise its right of ‘set off’.

one of which is:

The debt must be due and payable. For example, if a customer misses making a loan payment, then (at least until it calls in the loan) the firm can take only the missed payment – not the balance of the loan.

Given that the account is in the hands of a DCA I assume there is a written acceptance of lower payments which is an addition to their terms and conditions (in my personal opinion) and the loan has not been recalled in full.

If this applies to your situation it is worth further investigation, please take further advice on this. I hope that helps in some way and good luck

fairmorn308

Ok 1st thing is 1st. i live in scotland an claiming is harder than in england so i asked a m8 i have online if able to use his address and that wasnt a problem. I had quite a few claims in progress and also got a few payouts aswell. but i havent heard anything from this guy in a few months and unable to get in contact and i still need some answersand cases sorted. below is a list of the cases i have and the problems and if you could help me out it would help.

Bank Of Scotland

i had a claim in courts for around £1500 of charges and they paid out around £1100 and refused to pay the rest so i put the case to the baliffs who then said it will be going to court etc. then i havent heard nothing at all about it due to unable to get in contact with this person. What do i do or go to sort this out now?

Also i requested about another 5 accounts statements from the BOS and they just keep ignoring my letters regarding this matter, what do i do know?

Capital One Credit Card

Had a claim for around £740 and they are only willing to pay me around £250 s they said they paid the rest to the debt collection agency for the outstanding balance. the problem i have is can they do this cause the case was with cap one not the DCA and they sold the debt on aswell before my claim. what do i do?

any help would be gr8 cause i really want this sorted.

cheers in advance