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Barclays passed debt on for recovery but they owe me money!
whitebakecase
Posts: 3 Newbie
I had banked with Barclays for many years, however recently I slipped over my overdraft limit for many months, Barclays got fed up with chasing me for the money as I simply didnt have it, and they then closed my account and passed the outstanding debt of around £500 onto a recovery agent called Call Serve.
Consequently, there have been repeated threats of doorstep collectors and legal action from Call Serve regarding this debt.
However, I have now employed an intermediary agent regarding another matter, recovering the unlawful charges from the same account, which had been applied in the time I had banked with Barclays. This has revealed around £1500 in unlawful charges, which the intermediary is now recovering on my behalf from Barclays. At the close of my account, if the charges had been refunded by Barclays at the time, it puts me in CREDIT in that account to the tune of £1000. Of course, I base this on the assumption that Barclays will accept my claim and refund the charges either fully or partially.
My question is this, am I right in thinking that if Barclays does now admit and repay the unlawful charges, does this deem that their action was unlawful and therefore passing the debt to a recovery agent also was unlawful, and the methods which this agent is using to frighten me into repaying the debt, are also unlawful? Does this constitute demanding money by menaces, and can I then launch a counter claim against Call Serve or Barclays for harassment, stress and mental torment caused to myself and my pregnant partner during the time since the debt was passed to Call Serve? What sort of impact will all this have on my credit rating or financial standing, and can I also pursue legal action on the grounds that they have affected my character or perception of it by future lenders? Sorry if its a bit long winded and hard to understand, I'm not entirely sure if i am barking up the wrong tree here, any advice GREATLY appreciated as Call Serve is now giving me 7 days to repay before court action...
Consequently, there have been repeated threats of doorstep collectors and legal action from Call Serve regarding this debt.
However, I have now employed an intermediary agent regarding another matter, recovering the unlawful charges from the same account, which had been applied in the time I had banked with Barclays. This has revealed around £1500 in unlawful charges, which the intermediary is now recovering on my behalf from Barclays. At the close of my account, if the charges had been refunded by Barclays at the time, it puts me in CREDIT in that account to the tune of £1000. Of course, I base this on the assumption that Barclays will accept my claim and refund the charges either fully or partially.
My question is this, am I right in thinking that if Barclays does now admit and repay the unlawful charges, does this deem that their action was unlawful and therefore passing the debt to a recovery agent also was unlawful, and the methods which this agent is using to frighten me into repaying the debt, are also unlawful? Does this constitute demanding money by menaces, and can I then launch a counter claim against Call Serve or Barclays for harassment, stress and mental torment caused to myself and my pregnant partner during the time since the debt was passed to Call Serve? What sort of impact will all this have on my credit rating or financial standing, and can I also pursue legal action on the grounds that they have affected my character or perception of it by future lenders? Sorry if its a bit long winded and hard to understand, I'm not entirely sure if i am barking up the wrong tree here, any advice GREATLY appreciated as Call Serve is now giving me 7 days to repay before court action...
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Comments
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just thought i should clarify that Barclays closed my account PRIOR to me starting the process of reclaiming charges, and not as a result of it...0
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