Can I Claim Unfair Charges 9 months After Settling Account?

[merseycat]

Hi Everyone

I posted earlier on in the week regarding my mothers account with barclaycard and them taking the money out of her current account without warning her.

My question isnt related to that. Im wondering if i can claim back unfair charges even though i settled my barclaycard bill last august through a debt collection agency?

The agency offered me a 'deal' at that time, knocking off around £150 if i paid my balance that week (and trying to scare the hell out of me if i didnt) I did but was still paying a few hundred over my original balance.

Can i claim back charges even though its been 9 months since i settled the balance? If so do i go through the same process as advised (Data Protection Act letter & £10 cheque).

Thought i would ask!

Cheers and i will keep you upated on my mums fight through my original post!

Catherine

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[alanfromderby]

Yes you can - however, are you sure that the debt was sold to the DCA, or were they just acting for the bank?

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[merseycat]

Hi alan

I approached barclaycard and they told me that the debt had been past onto a debt collection agency and gave me the name of it. They told me that they couldnt deal with it. I then contacted the agancy and after some threats and complaints eventually mannaged to pay my debt.

I cant be sure if they sold the debt on. I did have a nightmare getting the debt removed form my credit file, and also some time after paying it, another debt agency contacted me and where quite rude that i didnt pay the debt with them, and paid with someone else as they where now in charge of it. Dont know if that helps at all???

Is it worth calling barclaycard up to get any information? I know when Equifax tried to contact them regarding my credit file, they couldnt get any information from them.

Catherine

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Credit Report Click link to open in new window.

[alanfromderby]

I would suggest that you start the Data Protection Act with Barclay's and see what that turns up. If the debt has actually been sold then that should show up on the Data Protection Act information.

The reason I am raising this is that if the debt was sold to the DCA, then you will be able to keep the money you get. If they were merely acting for Barclay's, then they might try to offset the remaining balance.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[toffee]

Originally Posted by merseycat

Hi alan

I approached barclaycard and they told me that the debt had been past onto a debt collection agency and gave me the name of it.
Catherine

Sorry to jump on your post,were they called mercers??

The reason i ask is i'm in the same boat with barclaycard,but i still owe loads on it lol.I get snotty phone calls of mercers all the time threating me with baliffs ect,they even told me that when i apply for jobs employers now run a credit check on you and if you've got bad credit they don't employ you has your not trustworthy pmsl.Anyway if it's mercers there part of barclaycard debt recovery and they then sell the debt on

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	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[merseycat]

Hiya

No the company i settled with was called bucannan clerk and wells. Before them was a company called Moorcroft Group but i wasnt in a postion to settle with them, and they refused my offer of monthly repayments as they felt they where not enough.

After settling the debt a company called Scotcall got in touch and they where rude with me because i hadnt settled with them. I hadnt had any dealings with them, plus bucannan clerk and wells (or BCW as they sometimes just call themselves) were the company barclaycard told me to contact when i phoned them.

Its amazing how many companies get involved.

[alanfromderby]

BCW will have bought the debt - so get what you can out of Barclays, and since you have settled with BCW it is all yours.