Help please

System

This discussion was created from comments split from: Debt Collectors & Credit Score.

dspi

Hello, I wonder if you can help? I have a very old EGG credit card debt (pre 2005) that I have been paying for years. Because of issues with the original debt collection agency (threatening behaviour resulting in me complaining about them to the financial ombudsman) I have only ever dealt with them via email/letters.

In 2019, the debt was transferred to yet another agency (Capquest) but I wasn’t informed. I was still paying monthly to the previous people and eventually, the funds started to be returned to my account and when I questioned it, Capquest got in touch.

In January 2020 I filled in their online form to give them details of how much I could pay but never heard another thing.

I started to get letters again 3 weeks ago, asking me to pay them. I have written to them and told them that I’m seeking guidance on the account and pointing out that I had made them an offer of monthly payments over 12 months ago.

The reason that I wish to seek some guidance now is that in July 2015, I received a PPI payment for this account from Barclaycard, completely out of the blue. The amount was about the same as the balance owed. At the time, my husband had just lost his job and we’d moved house a month before, so it was a welcome lump sum and I didn’t question it. However, I’ve since learned that the PPI should have been paid off the balance of the debt and this, therefore, makes me question the legitimacy of Capquest. I mean, if Barclaycard still owned the debt in 2015, surely they would have used the PPI to settle the balance, rather than send it to me unless it was done in error?

If I still legally owe it, I am happy to pay it and will be in a position in the new year to make a full and final offer, however, I will only do that if this is legitimate. I understand that there are circumstances in which I can ask for the original contract, but wonder if anyone has any suggestions/advice before I do anything more please?

Thank you for your time!

[Deleted User]

Barclaycard could have offset the PPI against the debt, but decided to send it to you. That's their choice. However, you can now use that money to clear the debt if you want.

You can also ask for a copy of the agreement if you want to.

sourcrates

Moved to correct forum.

fatbelly

Ask for a copy of the agreement under the formal s77-79 process. Details here:
https://www.nationaldebtline.org/fact-sheet-library/credit-agreements-getting-information-ew/