outstanding balance

[tommy634]

Hi This is my first post in a while(just been leeching from everyone else's superb advice).
Have claimed back in total £927.82,which the have denied were unlawful but yada yada paid anyway( YAAAAAY) . However, my account had a balance of £428.26.This consists entirely of fees, charges and interest on these charges. These have amassed since i started the claim in Oct 06-12 months working out of the country and restarted claiming when i got back-but never paid.
In the MCOL form I asked for these charges to be cancelled or "written off" as I didnot want to pay them just to claim them back again.
So Crap one have sent me a checque for £499.56 and saying that the rest of the claimed amount is paying off the balance. So, they just paid off a balance of unfair charges with an unfair charges refund?????Or am I missing something
I have sent them a letter Telling them to refund the £428.26 in 7 days or Iwill inform the court teh matter is not resolved.
Was this Right or do i have to start the procedure all over again.
Thanks for reading this far without falling asleep Tommy

[ukaviator]

Hi Tommy

All that they have done is taken your refund, and paid off the balance they said you owed. Is your claim still active online, is your case stayed?

If it is, then a letter to the court saying that the case is for a credit card, not overdraft fees, and should continue to go ahead. You are doing ok so far.

[1st Progeny]

Is this the norm, can they really do this, or is it a one off....

[ukaviator]

They can keep back the refund to pay off any outstanding debt. It's called offsetting, and it happens quite a lot. If you owe money to them,then you are more likely to have this happen to you too.

[tommy634]

Hi Thanks for the reply.
The case is active it is NOT stayed. I used this line in the LBA to Crap one- "credit cards are not included in the Office of Fair Tradings Claim No 2007 Folio1186 , so no stay will be placed upon this case", Courtesy of the moneysaving.com website. The outstanding debt in question that they have offset is solely charges that have ammassed in the last 16 months when I first started the claim and refused to pay them a penny more while the account was in dispute. I worked abroad for 12 months and when I came back picked up the gauntlet again. So, this offset is unfair charges which they have no right to repay. Tom

[WendyB]

Are you saying that these charges are extra to what you claimed, ie they weren't on your original Prelim/LBA/N1? If they are, then you should reclaim them.
If they are part of your original claim, then obviously Crap One will take pay them off and send you a cheque for the balance, as they have done. If they are a balance, then you haven't paid them in the first place, so if you haven't paid them in the first place you have no right to have them back.