Overpaid old credit card debt, can I claim 'damages'?

MEM62

Muppet_Oracle said:

Just to clarify, I set this as a standing order rather than a Direct Debit so I could be in control.
Some of you seem very quick to judge!

Then you should have kept a record of what was outstanding yourself and not yield control by relying on Cap Quest to let you know when the debt had been repaid.  You are not due any damages - only your .  
As for some being quick to judge, not all respondents sugar coat their replies and often it is a case of putting the truth bluntly rather than judging anyone. 

cymruchris

Take the £50 and close the matter.

Takmon

Muppet_Oracle said:

Ok, some interesting ideas about whose fault it was!! Just to clarify, I set this as a standing order rather than a Direct Debit so I could be in control. Loan/CC companies have a duty to send out an annual statement, they didn't do this for the past 2 years, so yes I let things slip by not keeping track of it, but equally they should have sent statements and known far sooner than 18 months later that the debt had been cleared. They admitted on the phone that they actually hadn't sent any information since 2017.
I'll accept the £50, you are correct in that I wouldn't have made more than that in interest, I just wanted to check to see if I may have some claim against them. And yes, £2379 is very helpful at the moment, as I am self employed and received absolutely no help or grants during lockdown, and continue to receive no assistance even though my business suffered. 
Some of you seem very quick to judge!

Well any sensible person would set the number of payments at the time so it would end automatically when the debt was repaid so why didn't you do that?

Also if the money is very helpful at the moment that suggests you have little other savings so actually this has helped you out by "accidentally saving" the money because you were unable to budget and save money yourself. 

Jumblebumble

Muppet_Oracle said:

Hi,
I had an old credit card debt which I had defaulted on many years ago, and it was bought by CapQuest. I eventually entered a repayment agreement with them, paying off at £110 per month by standing order, to stop interest being added to the original debt. The debt was cleared in full last January (2019), but I didn't realise this, and didn't receive any annual statements from them or a closing statement, so the standing order remained open and paying. I recently received a letter from them stating I had over paid by £2329, and that I should stop any further payments and contact them for a refund.
I did this, and asked them why I hadn't been notified and payments still collected for over 18 months, and they admitted that no letters had been sent to me about it and no annual statement had been sent since 2017.
They of course apologised and said they will send a cheque refund for the overpayment, I queried about a claim for them taking too much money, and they offered a payment of £50. I tentatively accepted, and have since received cheques for the two amounts. I haven't yet banked either (only got them today), but was wondering if I have any right to a bigger claim for extra 'hardship' caused or extra damages?
What do you guys think, should I accept the £50 or demand more, and if more, how much?
Thanks in advance
Clive

So you think it is acceptable not to pay what you owe to other people but moan when the shoe is on the other foot?
As others have said a standing order is you giving an instruction to your bank to pay money

phillw

Muppet_Oracle said:

I queried about a claim for them taking too much money, and they offered a payment of £50. I tentatively accepted, and have since received cheques for the two amounts. I haven't yet banked either (only got them today), but was wondering if I have any right to a bigger claim for extra 'hardship' caused or extra damages?
What do you guys think, should I accept the £50 or demand more, and if more, how much?

You're a bit late, pushing them for more money would have been easier before they sent the cheque out.
You would need to set out why you lost more than £50 by not having that money.
If you want more then raise a complaint & cash the cheque.

superbigal

Not sending a statement should result in them refunding the interest on your loan for that period.
I believe that was £0.00 
As a gesture they could double that to £0.00