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balance at bank when a credit card debt is sold

tifo
tifo Posts: 2,155 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 22 November 2016 at 9:21PM in Credit file & ratings
I've come across this before but not in this way ...

Some of my credit card accounts were sold to debt agencies around 2003. I settled most around 2005/2006 with full payment. This was before I came across charges being unfair and PPI being mis-sold.

In 2007 I made charges and/or PPI claims with the banks of my ex credit cards. Some paid but many didn't. Those that didn't I passed to the FOS where the banks made offers to send the refund to the debt agency. The FOS agreed despite my showing evidence of having settled the debts in full. The FOS said "the bank wasn't paid". I declined the offers.

I continued chasing the banks but didn't get anywhere. Most said they hold no info more than 6 years ago.

A few years some of my claims were reviewed by the banks and refund paid for the PPI but no statutory interest. Other banks said they had sent the refund to the debt agency after I declined the FOS decision many years ago. Without my agreement.

Move forward to the current position. I passed the reviewed claims to the FOS for payment of statutory and associated interest which the bank(s) had previously offered at the FOS many years ago.

This time the bank(s) is again saying they will make payment to the debt agency (despite having paid me the PPI) and have provided statements from last year showing the balance as it was sold in 2003 and which I had cleared in full. I'm now having to prove to the FOS the debts were sold even though the bank says they were and also prove I settled them 11 years ago. I think this unfair. The bank(s) has also provided transactions going back to 2001 when in the past the declined my claim saying no data going back 6 years.

..... Is the bank allowed to process a balance (as sold) and show this to the FOS after selling the account 13 years ago. When a debt is sold, shouldn't the account balance at the bank be zero? Otherwise this is unfair to me, i'm having to pay the debt twice (like before).

...... Can the bank send my refund to a debt agency when I don't agree and the debt was paid in full? I then lost this money.

I didn't get any refund when at the FOS many years ago.

I've asked the FOS to tell me what the regulations say about balances when a debt is sold.

Thanks
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