I won my Daughters claim...BUT

Daughter

I successfully did a claim against Barclays and won over £3,000 for her. They had already closed her bank account and so she was in a position of already having another bank account. However proceedings issued, judgment obtained, bailiff sent in (I loved that bit) money obtained. A debt collection agency has been instructed to recover sums from my daughter - HOWEVER in their claims for money is in fact all the penalty charges....so what they are doing is threatening proceedings for the recovery of them - there is only a little sum that they are owed legitimately.

My question is as proceedings were issued against Barclays - why did they not put in a counterclaim to recover anything owed by her? I have repeatedly asked the debt collectors to provide a complete breakdown of how they arrive at their figure and it is just not forthcoming.

Help...................am I right?

natweststaffmember

another shameless bump on this one

GarethR

natweststaffmember wrote: »

another shameless bump on this one

You should be ashamed for bumping a thread to gain posts!

In response to the original post Im a little confused as to what your saying, my impression is you claimed back all the charges that your daughter had been given but she actually still owed the bank in question a fortune so they now want them back?

Is this correct??

Daughter

What I mean is....their statement said over £1,000 showing as overdrawn. I reclaimed £3,000 plus - judgment - got money - they then come back and ask for the £1000 plus that is overdrawn on the account = but of course within that figure are lots of penalty charges

what I am saying is that surely the bank cannot have back something I obtained judgment against them for....

If they wanted to reclaim money back why did they not put in a counterclaim when proceedings were issued against them?

Thanks

Beate

I think you are confused. You are reclaiming bank charges. That is your right. The bank now wants to offset the reclaimed amount against what your daughter owes them. That is their right.

Daughter

no sorry you are wrong....within the £1,000 is part of the penalty charges recovered.....they cannot, as far as I know get back something they have a judgment against to pay back.#
Yes I agree there will be an amount to pay back but to enable this to be calculated as far as I consider they need to provide me with a complete breakdown of the figure so that I can ensure that they are not getting money they have paid on judgment.

In other words they now become the claimant and need to provide me with information as to how they have calculated their figure...not just give me the statement amount (which includes the penalty charges) they have paid back

krisskross

When you claim back bank charges the idea is to put you back in the position you would have been without the charges. so very simply if your daughter is showing a minus balance with the bank of £3050 and she reclaims charges of £3000 then the reclaimed £3000 is set against what she owes giving a balance still owing of £50. She cannot reclaim charges then refuse to pay what she owes the bank which was mostly charges anyway. In effect the bank are paying themselves back what is owed to them but your daughter is in £3000 less debt.

LozBingley

Daughter wrote: »

I successfully did a claim against Barclays and won over £3,000 for her. They had already closed her bank account and so she was in a position of already having another bank account. However proceedings issued, judgment obtained, bailiff sent in (I loved that bit) money obtained. A debt collection agency has been instructed to recover sums from my daughter - HOWEVER in their claims for money is in fact all the penalty charges....so what they are doing is threatening proceedings for the recovery of them - there is only a little sum that they are owed legitimately.

My question is as proceedings were issued against Barclays - why did they not put in a counterclaim to recover anything owed by her? I have repeatedly asked the debt collectors to provide a complete breakdown of how they arrive at their figure and it is just not forthcoming.

Help...................am I right?

How much do Barclays say you owe them?

Lets see if I can make some figures up here to explain what I think is going on from the limited information you have given us. If you provide me with the actual figures I can explain it to you better but here goes anyway.

Your daughter had a debt with Barclays for lets say £4,000.
You got the charges back for £3,000.
Therefore you are saying you owe £1,000? Unfortunatley this is wrong.

If you owed £4,000 and they paid out £3,000 you still owe this back plus £1,000.
The problem, as I see it, is that they have given you the £3,000, they should have actually offset that against the debt you had with them.

Let me know if you need this explaining further or you wish me to use the actual figure for you.

Loz

Twinkly

It looks to me as a case of left hand not knowing what right hand is doing. They do not seem to have accounted the refunded charges against the amount they are claiming. They need to provide you with an up to date statement of account.

You are right to ask the debt collectors for a breakdown of the monies they are attempting to collect but you should really address this query to Barclays also as the DCA may not have all the facts. Write and advise the DCA that the account is in dispute and to address their future communications to Barclays, is what I would do.

yeslek

from what i can tell you will have to pay the £1000 owed as even though they you claim that they are charges, they were still not your money to begin with if you were already overdrawn.

the best thing would have been to pay off the £1000 (not exactly easy as that i know) to bring the account to an even balance, and THEN claim the charges.
then they would have nothing owed to them anymore and yuo would be able to walk away with all the charges

tifo

this is how i see it.

example :

you owed barcays £4,000 including charges.

they paid back £3,000 leaving £1,000 owed.

they sold debt to an agency who is asking for £4,000.

DCA should in fact be asking for only the £1,000 owed.