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do i have to pay bank charges

do i have to pay my bank charges even after 6 yrs , ive been in contact with the bank and bebt company wat should i do ?
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Comments

  • RAS
    RAS Posts: 36,206 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Emz

    we need a little more information please/

    Is this debt listed on your credit record? have you paid anything towards it in the last 6 years (5 in Scotland)/Have you in any way acknowledged the debt in writing in that time?
    If you've have not made a mistake, you've made nothing
  • emz2007
    emz2007 Posts: 10 Forumite
    hi , wat it was i opened an account when i was 18 to have some componastion money put in once i took all the money out i just left it and havnt used the account again, now the bank have sold the debt to a company and there saying that they want the money now, ive wrote to the debt company explaining that i dont know why i should pay this, they r saying that my bank was over drawn and a direct debit charge i havnt even used the card and have thrown it away , so i dont know wat to do know do i have to pay them coz i didnt close the account down ? . emz
  • RAS
    RAS Posts: 36,206 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Emz

    Ok.

    There are two ways to look at this.

    1. If you last paid for this account or acknowledged the debt in writing more than 6 years ago, the debt should be statute barred. Even though you have written to them, if there was a 6 year gap between your last contact and letter you sent, this still applies.

    if it was less that 6 years, you should be reclaiming the bank charges.

    So when did you last use the account?
    If you've have not made a mistake, you've made nothing
  • emz2007
    emz2007 Posts: 10 Forumite
    hi,

    i last used and had money in this account in the year of 2003, and havnt used the account since. when i started gettin letters from the debt recovery i rang them up and they told me i have to pay these bank charges i got in contact with them the start of this year coz i was getting worried by the letters . they have told me i have till the end of this month to pay the charges and i just dont know wat to do . do i have to pay these charges ?

    emz
  • emz2007
    emz2007 Posts: 10 Forumite
    so can any person help me out with the problem i do not want to pay the money for an account that i have not used for 6 yrs
  • ~Beanie~
    ~Beanie~ Posts: 3,043 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    emz2007 wrote: »
    hi,

    i last used and had money in this account in the year of 2003, and havnt used the account since. emz

    That's 5 years, not 6 so the debt won't be statute barred.

    As RAS says, you should try reclaiming the bank charges. Don't acknowledge in writing to the DCA that you owe this money, I'm sure someone will come along with more advice shortly.
    :p
  • emz2007
    emz2007 Posts: 10 Forumite
    thank you for awnsering me, i already have been incontact with the dca and they have given me till the 30th of april to pay the money iam getting so down with this debt iam just thinking should i pay it to get it off my back . as the dca have told me if i done pay up there taking me to court and i dont really want to pay court cost on top of that , wat should i do ?
  • chez000
    chez000 Posts: 121 Forumite
    Im unclear as to what the debt is for?

    You had a bank account had money paid into it, then withdrew the money that had been paid in and never used the account again.

    If this was me Id want to see statements from when the money was paid in and withdrawn.

    Then if Id gone overdrawn Id at least understand where the charges had come from.

    If this was your situation you could either come to an arrangement to pay the money owed or you could dispute the debt and try and claim the charges back.

    DCA or creditors should not take court action on a disputed debt, but if they did you can still dispute the debt on the forms that you would be sent, if a CCJ was applied for
  • emz2007
    emz2007 Posts: 10 Forumite
    thankyou for getting back to me , ive received the staements and gone throught them and on one page it says that i had a direct debit going out but i never set a direct debit up coz i didnt have the account number or sort code coz i moved and lost all the details, so i got intouch with the bank and they say it was for a high street purchase but i carnt remember useing that card again.

    so obviosly thats wat iam getting charged for but ive asked the bank to tell me where the direct debit was set up and they told me they havnt got anything on there system so i rang the hbc bank to ask them if they had any record to say i set a direct debit up and they said they havnt got anything on there system and if i did set one up and they took money it would still b on there system 10 yrs later so iam just so confussed this is all stressing me out now carnt consentrate on anything and iam taking it all out on close family. ive got till the 30th of this month to pay the debt .

    can u help me with anymore information anyone please any help is welcomed ! emz
  • chez000
    chez000 Posts: 121 Forumite
    Who are the debt collectors?

    Just for clarity Is it the letter youve had from the debt collection agency
    that has given you unitl the 30th? have you informed them that you are disputing the debt?

    You should write to them and inform them that you believe there has been a mistake with the account.

    I would also complain to the bank in writing and request a written explanation/details of where the card was used etc.

    DCAs letters are often threatening, have they said your going to court after the 30th if youve not paid? highly unlikely because;

    1, it will cost them money - initially anyway,
    2, a disputed debt should not be taken to court
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