Bank has paid refund of interest /fees etc, direct to DCA?

sh4un

Hi, I have an outstanding CC debt that TSB sold to a DCA in 2014, this then went into dispute as i asked for my original Letter of Credit. The DCA have not sent me this letter and i have had no correspondence with them since.
Today I received a letter from TSB regarding a refund on the account for them not taking appropriate course of action when dealing with my account in 2012..refunding me with interest, fees and /or charges.

It then says that as there is an outstanding balance with the DCA, they have sent the refund to the DCA??
The account is in dispute, so surely then should have sent the money to me??

I have phoned TSB and they say for me to contact the DCA!!

I obviously do not want to contact the DCA as it may stir them to start demanding payments.

Also, should they have sent the money to the DCA or sent it directly to me

I do not know what to do?

Can anybody offer any guidance please..

Thank you in advance...

dunstonh

this then went into dispute as i asked for my original Letter of Credit.

If they cannot find the credit agreement, this does not get rid of the debt. It just means they cannot use the courts to get you to pay it. They can still lodge the debt as unpaid on your credit file and can still use redress in a complaint against the debt.

It then says that as there is an outstanding balance with the DCA, they have sent the refund to the DCA??
The account is in dispute, so surely then should have sent the money to me??

The bank should still refund it to the DCA as that is the normal process.

I do not know what to do?

You didn't think you were going to be refunded something you didnt end up paying for did you?

LMCD

Hi

the money correctly goes to the debt as its from that concerned account so any credit or debit action on it would go via there. If it went above and beyond the outstanding balance owed, any monies then due to you would be refunded by DCA to you.

If its in dispute though the best person to speak to would be DCA for them to either provide your requested letter or a solution to your outstanding debt with a repayment agreement.

The longer its left..untouched... the longer it remains outstanding.

They will not demand you pay what you cannot afford, so best to work out your incoming and outgoings before you call.

-taff

sh4un wrote: »

The account is in dispute, so surely then should have sent the money to me??

The account is not in dispute. As dunston says, just because they can't produce a CCA does not mean you don't owe the money. I just means they won't come after you in court for it.
Any time you make a PPI complaint and are successful and the account is in default, has arrears or debts outstanding, the PPI redress will first be used against that.
Any future PPI complaints you may make or have already made, will have the same consequences.

[Deleted User]

-taff wrote: »

The account is not in dispute. As dunston says, just because they can't produce a CCA does not mean you don't owe the money. I just means they won't come after you in court for it.

Agreed

-taff wrote: »

Any time you make a PPI complaint and are successful and the account is in default, has arrears or debts outstanding, the PPI redress will first be used against that.
Any future PPI complaints you may make or have already made, will have the same consequences.

Just to be clear, the refund the OP has received is not PPI.

The result is the same,though, in that money refunded has first gone towards the unpaid debt.

theblagger

Coming late to this thread...what if it is statue barred...I have friends who are in a similar situation
they took out a loan with PPI
They then took out a further loan for car, and paid off the first loan,
the second loan had PPI...this was paid off, but they had overdraft which was not paid...think around 1,200
and over 6 years ago
the PPI on the 2nd was £1400
first loan PPI I think they said was 700
So effectively poss 2100
they have not done anything about it as they split up and both have different accounts with different banks

[Deleted User]

Statute barring makes no difference if a debt is still owed.

dunstonh

Coming late to this thread...what if it is statue barred...I have friends who are in a similar situation

Statute barring means they cannot use the courts but it doesnt mean the debt no longer exists.